The Criminal Procedure Code

Original Language Title: Trestní řád

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=30139&nr=141~2F1961~20Sb.&ft=txt

141/1961 Coll.



LAW



of 29 April 2004. November 1961



the criminal procedure by the



(code of criminal procedure)



Change: 57/1965 Coll. 59/1965 Coll.



Change: 174/1968 Coll.



Change: 58/1969 Coll.



Change: 149/1969 Coll. 156/1969 Coll.



Change: 48/1973 Sb.



Modified: 29/1978 Sb.



Change: 43/1980 Coll.



Change: 159/1989 Coll.



Change: 50/1990 Coll.



Change: 53/1990 Coll.



Change: 81/1990 Coll.



Change: 101/1990 Coll.



Change: 178/1990 Coll.



Change: 303/1990 Coll.



Change: 558/1991.



Modified: 25/1993.



Change: 115/1993.



Change: 283/1993 Coll., 292/1993 Coll.



Change: 154/1994 Coll.



Change: 214/1994 Coll.



Changed: 8/1995.



Change: 152/1995 Coll.



Change: 150/1997.



Change: 209/1997.



Change: 148/1998 Coll.



Change: 166/1998 Coll.



Change: 191/1999 Coll.



Modified: 29/2000 Sb.



Change: 227/2000 Coll.



Modified: 30/2000 Sb.



Change: 77/2001 Sb.



Change: 144/2001 Sb.



Change: 265/2001 Coll., 424/2001 Sb.



Change: 200/2002 Coll. (part)



Change: 226/2002 Sb.



Change: 320/2002 Coll.



Change: 218/2003 Coll. 279/2003 Coll.



Change: 200/2002 Coll., 237/2004 Coll., 257/2004 Coll.



Change: 283/2004 Coll.



Change: 539/2004 Coll.



Change: 539/2004 Coll. (part), 587/2004 Sb.



Change: 239/2005 Sb.



Change: 45/2005 Coll., 394/2005 Sb.



Change: 413/2005 Sb.



Change: 79/2006 Coll., 113/2006 Sb.



Change: 321/2006 Sb.



Change: 115/2006 Coll. 253/2006 Coll.



Change: 165/2006 Sb.



Change: 112/2006 Sb.



Change: 179/2007 Sb.



Change: 170/2007 Sb.



Change: 345/2007 Sb.



Change: 135/2008 Sb.



Change: 121/2008 Coll., 177/2008 Sb.



Change: 384/2008 Sb.



Change: 90/2008 Coll., 129/2008 Coll., 274/2008 Coll., 457/2008 Coll., 480/2008

SB.



Change: 52/2009 Sb.



Change: 301/2008 Coll., 7/2009 Sb.



Change: 218/2009 Sb.



Change: 41/2009 Coll., 272/2009 Coll., 306/2009 Sb.



Change: 163/2010 Sb.



Change: 219/2010 Sb.



Change: 197/2010 Sb.



Change: 150/2011 Sb.



Change: 181/2007 Sb.



Change: 207/2007 Sb.



Change: 330/2011 Sb.



Change: 341/2011 Coll. 348/2007 Coll., 22/2011 Sb.



Change: 357/2010 Sb.



Change: 193/2009 Sb.



Change: 273/2009 Coll., 43/2009 Sb.



Change: 390/2009 Sb.



Change: 105/2013 Coll. (part)



Change: 45/Sb.



Change: 105/2013 Coll. (part)



Change: 105/Sb.



Change: 141/2014 Sb.



Change: 77/2015 Sb.



Change: 86/2015 Sb.



The National Assembly of the Czechoslovak Socialist Republic has resolved

to this Act:



PART THE FIRST



Common provisions



HEAD FIRST



General provisions



§ 1



The purpose of the law



(1) the purpose of the code of criminal procedure is to modify the law in criminal procedure

control so that the offences were detected and their perpetrators

According to the law punished. In doing so, management must be subjected to the

consolidation of the rule of law, to prevent and deter crime, to

education of citizens in the spirit of rigorous observance of laws and rules

the civil coexistence and fair fulfilment of obligations to the State and society.



(2) Helping to achieve the purpose of criminal proceedings is the law and according to the

the provisions of this law and the obligations of citizens.



§ 2



The basic principles of criminal proceedings



(1) no one can be prosecuted otherwise than for legal reasons and the way

that provided by law.



(2) until a conviction of the Court is not pronounced,

not the one against which the results of criminal proceedings, looking as if he were

guilty.



(3) the Prosecutor is obliged to prosecute all criminal offences, which are

learns, unless the law or an international treaty, the famous Czech

Republic provides otherwise.



(4) if the law does not provide for something else, they follow the authorities responsible

in criminal proceedings ex officio. The criminal case must discuss

rapidly without undue delay; with the largest being discussed by accelerating the

in particular, the remand of the case and the matter in which the secured property, if it is

required due to the value and nature of the seized property. The criminal case

discuss with a full investigation, the rights and freedoms guaranteed by the Charter

fundamental rights and freedoms and the international treaties on human rights and

fundamental freedoms, which the Czech Republic is bound; in the implementation of

acts of criminal proceedings can be added to the rights of persons affected by such operations

touching, to intervene only in duly substantiated cases, on the basis of the law and in the

to the extent necessary to ensure the purpose of the criminal proceedings. The content of petitions

intervening in the fulfilment of these obligations of the authorities responsible for criminal proceedings

take no account.



(5) the authorities active in criminal proceedings shall act in conformity with their rights and

the obligations set out in this Act and with the concurrence of the parties to

facts of the case have been detected, of which there are reasonable grounds for doubt, and it

to the extent that is necessary for their decisions. The confession of the accused

does not relieve the authorities active in criminal proceedings, the obligation to examine all

the essential facts of the case. In the preliminary proceedings, the authorities responsible for

criminal proceedings, clarify the way described in this Act without an application

Parties as carefully the circumstances indicating to the benefit and to the detriment of

the person against whom the proceedings leads. In the proceedings before the Court, the Prosecutor and the

the accused may support their positions to design and implement evidence.

The Prosecutor is obliged to prove the guilt of the accused. It does not relieve the

the Court of the obligation to supplement the evidence to the extent necessary for their

decision.



(6) the authorities responsible for criminal proceedings assesses the evidence according to its internal

the belief is based on careful consideration of all the circumstances of the case

individually and in the aggregate.



(7) all law enforcement authorities cooperate with interest

associations of citizens and use their educational influence.



(8) the criminal prosecution before the courts is possible only on the basis of the indictment, the proposal

the punishment or a letter of approval to the agreement on the Declaration of guilt and

acceptance of punishment (hereinafter referred to as "the agreement on guilt and punishment"), which are submitted by State

representative. Civil action in the proceedings before the Court shall represent the State

representative.



(9) in criminal proceedings before the Court shall be decided by the Chamber or a judge;

President of the Chamber or a judge decide for yourself only, where the law

expressly provides. Decide if the Court in preliminary proceedings in the first

degree, the decision shall be the judge.



(10) the criminal case is before the Court are heard by the public, so that the

citizens can participate in the discussion and negotiations to follow. When the main

version and a public hearing, the public may be excluded only in cases

specifically provided for in this Act or special.



(11) the hearing before the courts is oral; proof of the statements of witnesses, experts and

the accused shall be carried out as a rule so that these people will hear.



(12) when making a decision in the main proceedings, as well as in the public, binding and

a private session, the Court may take into account only those that have been

made in such negotiations.



(13) a person against whom criminal proceedings must be in each period

the proceedings in an appropriate manner and clearly instructed on the rights allowing him

the full application of the defence and that also may choose defence counsel; all

law enforcement authorities are obliged to allow him to exercise his

rights.



(14) the authorities responsible for criminal proceedings and regular control their

the decision in the Czech language. Anyone who declares that he does not control the Czech

the language is entitled to use before the law enforcement authorities of their

mother tongue or the language issue stating that it controls.



(15) the authorities responsible for criminal proceedings are required to be in each phase of the procedure

allow the full application of the rights of the injured party, which needs to be

According to the law in an appropriate manner and clearly instructed to achieve

the satisfaction of their claims; management must lead with the necessary respect for

the injured and the investigation of his personality.



Cooperation with citizens ' associations of interest



§ 3



(1) a trade union or employers ' organizations and other

civil unions, with the exception of political parties and political movements,

churches, religious communities and legal persons followers in the subject

its activities, charitable purposes (hereinafter referred to as "interest citizens Association")

can act to prevent a crime prevention way

referred to in this Act.



(2) citizens ' interest groups can interact in the upbringing of persons

which the Court ruled on the conditional waiver from the punishment with supervision, or

the prosecution was stopped conditionally, for conditionally

conditionally sentenced convicts to prison with supervision and

conditionally released; They also help create conditions so that the person's

He lived the ordinary life sentence.



§ 4



cancelled



§ 5



cancelled



§ 6



(1) an Association of citizens can offer a guarantee



and) for the behaviour of the accused, the prosecution has been conditionally

stopped,



(b) the rehabilitation of the convicted person), which has been conditionally waived

the punishment, which was supervised imprisonment, whose

the exercise has been postponed for a trial period, conditionally to the punishment of the convicted person

deprivation of liberty under supervision, or



(c) completion of the axle of the convicted person), which carries a prison sentence of

liberty, the penalty of disqualification or prohibition of residence; in these

cases, the interest Association of citizens at the same time propose a conditional


the release of a prisoner from imprisonment or conditional waiver

from the rest of the performance penalty of disqualification or prohibition of residence. To obtain the

documents for such a request may, with the consent of the convicted person to inform the

about his behavior and the current sentence.



(2) an Association of citizens may also suggest that the binding of the accused

has been replaced by the guarantee (section 73), and the request of the convicted person

a pardon and expungement of the conviction.



(3) an Association of citizens, which has taken over a guarantee is required to operate

the accused or convicted person to live a proper life, and

adopt the necessary measures; an Association of citizens also take care that

the damage or non-material damage caused by the criminal offence,

or to unjust enrichment, which it has obtained a criminal offence.



Cooperation of State authorities, individuals and legal entities



§ 7



Law enforcement authorities are obliged to assist each other

the performance of the duties arising from this Act.



§ 8



(1) the State authorities, legal and natural persons are obliged without

undue delay, and unless otherwise provided by special provision otherwise, even without payment

comply with the law addressed letters rogatory in criminal proceedings in the performance of their

tasks. State authorities are obliged to notify without delay to the State further

agents or police authorities really suggesting that he was

committed a crime.



(2) if in criminal proceedings is required for proper clarification

circumstances indicating that a crime has been committed, or in the

proceedings before the Court to assess the circumstances of the accused or for the performance of

the decision, prosecutors can, and after the indictment or a letter

punishment of the President of the Chamber may require data that are the subject of

Bank secrecy, and the data from the register of securities. In proceedings of the

the offence under section 180 of the criminal code, the authority may in

criminal proceedings require individual data obtained under the Special

Act for statistical purposes. The conditions under which the authority

criminal proceedings require the data obtained in the administration of taxes, provides

a special law. The data obtained pursuant to this provision cannot be used for

purpose other than for criminal proceedings, in which it was requested.



(3) the reasons referred to in paragraph 2 may, President of the Chamber, and in the preparatory

control to the design of the public prosecutor, the judge may order the monitoring of banking

account or an account with the person entitled to registration of investment instruments according to the

a special law, for a maximum period of six months. If the purpose for

that has been tracking account ordered after this time, can this tracking

extended on the basis of the command of the judge of a higher court, and in

on the proposal of the preliminary proceedings, the Prosecutor, the judge of the regional court of

a further six months, and it repeatedly. The data obtained pursuant to this

the provisions cannot be used for any purpose other than for criminal proceedings, in which the

the framework had been completed.



(4) compliance with the obligations referred to in paragraph 1 may be refused with reference to the

the obligation to maintain the secrecy of classified information is protected in a special

the Act or State of a saved or recognized obligation of confidentiality; It

does not apply,



a) if the person who has these responsibilities, would otherwise be issued

the risk of criminal prosecution for failure to notify, or nepřekažení of the criminal

the Act, or



(b)) when dealing with the law enforcement agency's request, in criminal proceedings concerning an

where the requested person is at the same time by the developer of the offence.



The State recognized the obligation to confidentiality under this Act

does not consider such an obligation, the extent of which is not defined by the law, but

It follows from the legal act issued on the basis of the law.



(5) unless otherwise provided by special law the conditions under which, for the purposes

criminal proceedings to disclose information which are under such law,

classified, or which are covered by the obligation of professional secrecy, these

information for criminal proceedings require the prior approval of a judge.

This is without prejudice to the lawyer's obligation of confidentiality under the law on

advocacy.



(6) the provisions of paragraphs 1 and 5 shall not affect the obligation of

secrecy imposed on the basis of the declared international agreement which is

Czech Republic is bound.



Providing information about criminal proceedings and persons participating on it



§ 8a



the title launched



(1) in providing information on its activities to the public authorities in the

criminal proceedings shall ensure that, without compromising the clarification of the facts

important for the criminal proceedings, the persons involved in the haven't published

enforcement data that are not directly related to the crime, and

that do not breach policy that until a conviction is not

pronounced, not to the one against which the results of criminal proceedings,

looks like he's guilty (section 2 (2)). In preliminary proceedings, shall not

to disclose information to identify the person against whom the

the results of criminal proceedings, the victim, the person concerned, and a witness.



(2) when providing information under paragraph 1, the authorities responsible for criminal

control separately to ensure that the protection of personal data and the privacy of individuals under the age

18 years of age.



(3) the authorities responsible for criminal proceedings, inform the public about its activities,

the provision of the information referred to in paragraph 1 the public media

resources; the provision of information shall refuse, on grounds of protecting the interests

referred to in paragraphs 1 and 2. Reserves its decision in preliminary proceedings the State's

the representative the right to provide information about a specific criminal case, may be

the police authority to provide only with his prior consent.



§ 8b



(1) persons to whom law enforcement authorities provided

information, which is covered by the prohibition of publication in accordance with § 8a of the paragraph. 1

the second sentence, for the purposes of criminal proceedings or to the exercise of rights or performance of

obligations stipulated by special legislation, is not anyone

Furthermore, if the disclosure is not necessary for the stated purposes.

About these persons must be advised.



(2) No person shall, in connection with a crime committed on a corrupted

any way to publish information permitting the identification of the

the victim, who is a person under the age of 18 years or to which it was committed

the crime of murder (section 140 of the Penal Code), manslaughter (§ 141 of the criminal

Code), any of the offences, which was caused by severe injury

on health, the offense of sexual disease threats (section 155 of the criminal

Code), any of the offences against pregnancy women (§ 159 to

162 of the Criminal Code), the crime of trafficking in human beings (section 168

of the Criminal Code), any of the offences against human dignity

in the sexual area (§ 185-193 of the Criminal Code), crime

leaving a child or entrusted to a person (section 195 of the Criminal Code), abuse

conferred on persons (section 198 of the Criminal Code), the mistreatment of persons living in

the common dwelling (§ 199 of the Criminal Code), child abduction and the person

in mental disorder (section 200 of the Criminal Code) or dangerous

persecution (section 354 of the Criminal Code).



(3) the publication of the video images, video and audio records, or

other information about the progress of the trial or public meeting,

that would enable the identification of the injured party referred to in paragraph

2 is prohibited.



(4) the final judgment shall be published in the public media

the resource with the name, or names, surname and place of residence

the injured party referred to in paragraph 2. President of the Chamber may, taking into account

to the person of the victim and the nature and character of the committed offence

may impose further limitations associated with the publication of a final

a conviction for the purpose of adequate protection of the interests of such

the injured party.



§ 8 c



No person shall without the consent of the person to whom such information pertains,

disclose information about the regulation or the implementation of interception and recording

telecommunications under section 88 or the information obtained from it,

data on telecommunications traffic detected on the basis of a statement under section

88a, or information obtained through monitoring of persons and objects under section 158d paragraph. 2

and 3 if they allow the identification of this person and have not been used

as evidence in proceedings before the Court.



§ 8 d



(1) information, which is covered by the prohibition of publication referred to in section 8a-8 c,

You can publish to the extent necessary for the purpose of a search for persons, for

achievement of the purpose of criminal proceedings, or if this is the law.

The information can also be disclosed, if justified by the public interest,

If outweighs the right to privacy of the person concerned; in so doing,

must take care to protect the interests of persons under the age of 18 years.



(2) information, which is covered by the prohibition of publication referred to in section 8a-8 c,

You can also publish it, if the person to whom the prohibition of publication refers to, has awarded

to the disclosure of information to express consent. She died when or if this

a person declared dead, consent to the disclosure of the information is

authorized to grant her husband, partner or her children, and if not,

her parents; in the case of a person under 18 years of age or persons deprived of

the eligibility of legal capacity or with limited legal competence


capacity of its legal representative. Consent to the disclosure of the information cannot

give the person who is the author of the offence committed against a person

that died or was declared dead.



(3) information, which is covered by the prohibition of publication referred to in section 8a-8 c,

You can also publish it, if the person to whom the prohibition of publication refers to died

or has been declared dead, and if there is no person authorized to grant

consent to the disclosure referred to in paragraph 2.



§ 9



The examination of the questions referred



(1) law enforcement Authorities assess the preliminary questions

in proceedings occur separately; If there is a question, however,

final decision of a court or other public authority are authorities

law enforcement in such a decision, unless they are bound

assessment of the guilt of the accused.



(2) law enforcement Authorities are not entitled to deal separately

questions concerning status, decided in

proceedings in matters of civil law. If the decision about such a question

has not yet been released, obtained his release.



§ 9a



The questions within the competence of the Court of Justice



(1) the provisions of section 9 shall not apply to questions of which is decided by the

exclusively the Court of Justice established by the regulations of the European Communities (hereinafter referred to as

"The Court").



(2) in the event that the Court in proceedings under this Act, an application for

decision of the Court of Justice for a preliminary ruling, shall issue a decision on the

the stay of proceedings.



(3) on application, the Court of Justice for a preliminary ruling

the Court is governed by rules governing proceedings before the Court

the Court of Justice.



(4) the decision of the Court of Justice for a preliminary ruling is binding on all

authorities active in criminal proceedings.



§ 10



Immunity from jurisdiction bodies active in criminal proceedings



(1) the authority of the bodies active in criminal proceedings under this Act

excluded are persons enjoying privileges and immunities in accordance with the law, or

of international law.



(2) If a question arises as to whether or to what extent someone is excluded from

the powers of the bodies active in criminal proceedings under this Act,

decide on a proposal from the person concerned, by the public prosecutor or the Court of

the Supreme Court.



§ 11



Inadmissibility of criminal prosecution



(1) criminal prosecution cannot be initiated, and if it was already opened, it cannot be

continue and must be stopped



and if it is) President of the Republic, the user their right to grant mercy

or amnesty,



(b)) if the prosecution barred,



c) in the case of a person who is excluded from the jurisdiction of law

criminal proceedings (section 10), or of the person for which the prosecution is based on the law

require the consent, where such consent was not given by the competent authority,



d) in the case of a person who, for lack of the age is not criminally liable,



(e)) against a person who has died or has been declared dead,



f) against it, against whom an earlier prosecution for the same Act has ended

by a final judgement of a court or by a court decision or other

the authorized authority definitively stopped, if the decision was not in the

the prescribed proceedings,



g) against it, against whom an earlier prosecution for the same Act has ended

a final decision on the approval of a settlement, where a decision

It was not in the prescribed proceedings,



h) against it, against whom an earlier prosecution for the same Act has ended

a final decision on the referral with suspicion that the deed is

offence, tort or other administrative disciplinary offense, if

the decision was not cancelled in the prescribed proceedings,



I) when the criminal prosecution subject to the agreement of the injured party and the consent of the

was not given or was taken back,



j) if so provided by the renowned international treaty binding on the Czech

Republic, or



k) against it, in respect of which it was the criminal proceedings for the same deed passed

to a foreign State, if he was resident for this deed Court

a final penalty or protective measures, performed or already

He has done, or not done according to the law of that State, or

foreign court been abandoned since the imposition of the sentence, or

a final decision on the charges.



(2) the prosecution cannot be initiated and, if already started, it cannot be

continue and it must be stopped as well, if the Court or other

judicial authority of the Member State of the European Union or the State of the associated

international agreement for the implementation of the Schengen rules for the same deed

issued a decision establishing the



and the person was lawfully stored) punishment or protective measures, which

carries out or has carried out, or is not, under the law of that State

to execute, or to whom it was finally dropped from the imposition of sentence, or



(b) the person has been lawfully exempted from) the indictment or having effects

final stop of criminal prosecution, unless



1. does not create in the State in which it was issued, a barrier to matter has been finally

decided,



2. it was released solely for the reason that another State has opened criminal

proceedings against the same person for the same Act,



3. was released solely on the ground that an act is not a criminal offense, or that

does not fall within the competence of the authorities of the State which issued such a decision or



4. was released exclusively for one of the reasons the respective reasons

referred to in paragraph 1 (b). and), c) to (e)), i) or (j)).



(3) If a reason referred to in paragraph 1 or 2, the only one of the

partial attacks continuing offence, this does not prevent, in order to respect

the remaining part of such a crime the prosecution took place.



(4) in the prosecution which was stopped because of referred to in

paragraph 1 (b). a), b), or both), however, continues, declares the

the accused within three days from the time when he was a resolution on the cessation of the criminal

the prosecution announced that the consideration of the case. It should be about that of the accused

enlighten.



(5) the provisions of paragraphs 2 and 3 shall be used and on the decision of the

the International Criminal Court, the International Criminal Tribunal,

Realty international judicial body with jurisdiction in

criminal matters, which meet at least one of the conditions specified in §

paragraph 145. 1 (b). and) of the international judicial cooperation in matters

criminal, unless the decision made because of lack of its

the scope of or because of the lack of seriousness of the crime or

the hazard of the offender.



§ 11a



Criminal proceedings against the same person for the same Act and cannot be started if

the State Prosecutor in abbreviated preparatory proceedings



and decided to approve an out-of-court settlement) and the thing, or



(b)), decided to postpone the submission of the proposal on conditional on the punishment and

the suspect worked, or it is considered, that has proved successful.



§ 12



The interpretation of some terms



(1) law enforcement authorities in criminal proceedings means Court, State representative

and police authority.



(2) the police authorities shall mean



and the services of the police of the Czech Republic),



(b)), General Inspectorate of security forces in proceedings relating to criminal offences

members of the police of the Czech Republic, members of the prison service of the Czech

Republic, customs officers or employees of the United States included to the

work in the police of the Czech Republic, or on criminal offences

employees of the United States included to work in the prison

the service of the United States or in the customs administration of the Czech Republic, committed

in connection with the performance of their job duties,



(c)) the competent authority of the prison service of the Czech Republic in criminal proceedings

the deeds of people in custody, imprisonment and security

detention, committed in the remand prison, penitentiary or institution for the exercise of

security detention,



(d)), in charge of the Customs authorities in proceedings relating to crimes committed by

the violation of the customs rules and regulations on the import, export or transit

the goods, even in cases where it is a crime of the members

the armed forces or security forces, and a violation of legal

If the location and acquisition of goods in the Member States of the European

the community, where such goods are transported across the State borders of the Czech

Republic, and in cases of violation of the provisions of the tax, if the customs

by the tax authorities under special legislation,



(e) the competent authorities of the military police) in proceedings for offences

members of the armed forces and persons who commit crime

against members of the armed forces in military buildings, against

military, military objects, material or other property of the State,

with which it is competent to manage the Department of Defense,



f) the competent authorities of the security intelligence service in criminal proceedings

the deeds of the members of the security information service,



g) the competent authorities of the Office for foreign relations and information in

offences of members of the Office for foreign relations and information,



(h)), in charge of military intelligence authorities in proceedings for offences

members of the military intelligence,



I) competent authority of General Inspectorate of security forces in control of the

offences of members of the General Inspectorate of security forces

or about offences of employees of the Czech Republic, included the


work in the General inspection of security forces.

This does not affect the State Prosecutor pursuant to § 157 paragraph. 2 (a).

(b)). unless otherwise stipulated, are entitled to all those authorities

acts of criminal procedure belonging to the scope of police authority.



(3) Where this Act speaks of the Court, this means according to the nature of the case

the District Court, County Court, the High Court or the Supreme Court of the United

Republic of China (hereinafter referred to as the "Supreme Court").



(4) Where this Act speaks of the District Court shall mean (i) District

the Court or another court of the same jurisdiction; where this law speaks

about the regional court, this means even the municipal court in Prague.



(5) Where this Act speaks of the district State representative, shall mean (i)

the District Attorney, or another State Prosecutor with the same

scope; where this law speaks of regional government representatives, means

the city prosecutor in Prague.



(6) a party shall mean the one against which the results of criminal proceedings,

the person concerned and the damaged and in the proceedings before the Court, whether or not the public prosecutor

and social representatives; the same position as the party has any other person,

on the proposal or request the management of leads, or who filed an appeal

resource.



(7) If the nature of the case requires otherwise, means the accused also

the accused and convicted.



(8) following the regulation of the trial the accused referred to as the defendant.



(9) the prisoner is one against which the conviction has been issued, which

already acquired legal force.



(10) the criminal proceedings means proceedings under this Act and the Act on

international judicial cooperation in criminal matters, criminal prosecution

then stretch control since the initiation of the criminal proceedings until the final

a judgment or other decision authority participating in criminal proceedings

on the merits and the preparatory proceedings section of the proceedings under this Act from the

writing a record of the initiation of the criminal proceedings or execution of acts

urgent and unrepeatable acts, which he immediately

precede, and where these operations have not been carried out, from the commencement of

the prosecution of the indictment, the application for approval of the agreement on the guilt and punishment,

referral to another authority, cease prosecution, or to the

decision or the emergence of other matters that have the effects of stopping

criminal prosecution before the indictment, or to another decision

the ending of the preparatory proceedings, including investigation and screening

facts indicating that a crime has been committed, and

the investigation.



(11) if the accused Continues in the acts for which he is prosecuted, even after the communication

the charge shall be assessed such action from this act as a new deed.



(12) an act under this Act, means also a partial attack continued

of the offence, unless expressly provided otherwise.



THE HEAD OF THE SECOND



The Court and the persons participating in the proceedings



THE FIRST SECTION



The authority and jurisdiction of the courts



section 13 of the



The performance of the criminal justice system



Justice in criminal matters is exercised by district courts, regional courts,

the high courts and the Supreme Court.



the title launched



§ 14



cancelled



§ 15



cancelled



Substantive jurisdiction



section 16 of the



Proceedings at first instance held, if this law does not provide for something

another district court.



§ 17



(1) a County Court is held in the first instance proceedings on criminal offences, if the

the law stipulates a prison sentence, the lower limit shall be

at least five years, or if you can save them an exceptional punishment. About

criminal offences



and manslaughter, murder) newborn baby mother, wrongful removal

tissues and organs, illegal disposal of tissues and organs, the subscription

tissue, organ and perform the transplants for consideration, the illicit

the management of the human embryo and human genome, human trafficking,



b) committed through investment vehicles, that are received

to trading on a regulated market or whose admission to trading

on a regulated market has been requested or their counterfeits and imitations

If their legal character is causing considerable damage or obtain

considerable benefit,



c) infringements of competition rules, handling

rate of investment instruments, the misuse of information and positions in the

the course of trade, damage to the financial interests of the European communities,

violations of the regulations on the control of exports of dual-use goods and technologies,

breach of duties on exports of dual-use goods and technologies,

misrepresentation and failure to keep supporting documents in respect of the export of goods and technology

dual-use items, the implementation of foreign trade with military material

without a permit or a licence, breach of obligations in connection with the release of

permits and licences for foreign trade in military material,

misrepresentation and failure to keep documents concerning foreign trade in

military material, the development, production and possession of prohibited combat

resources and



d) sabotage, abuse of Government representation and international organisations,

spying, the threat to classified information, collaboration with the enemy,

relations threatening peace, use of a forbidden martial resource and

illegal warfare, looting in the area of operations,



takes place in the first instance regional court even if the lower limit of the

imprisonment is lower.



(2) a County Court is held in the first instance whether or not a crime

drunkenness in the case that the act otherwise committed a crime, the offender in

the State, which, testee's culpably induced characters

the merits of any of the offences for which it is established

the jurisdiction of the District Court referred to in paragraph 1.



(3) the District Court takes place in the first instance whether or not a partial attacks

continuation of the offence, if the procedure provided for in § 45 of the criminal

code comes in this management decision on the guilt of any of the

the offences referred to in paragraph 1 or 2.



The local jurisdiction



section 18



(1) proceedings, the Court in whose district the crime was committed.



(2) if the crime scene to determine or if the Act was committed abroad which takes place

the management of the Court in whose district the accused resides, works or resides;

If you can't find these places or are outside the territory of the United

States, held court in whose district the action transpired.



§ 19



cancelled



Common control



section 20



(1) against all defendants whose crimes are related, of all

the attacks of the continuation or the bulk of the crime and of all parts of the

continuing offence takes place in common control, unless

important reasons. About other crimes, held joint management

then, if such a procedure is suitable in terms of speed and efficiency

control.



(2) the joint management of the crime issue should take place the control

a single judge, and about crime, about which it is for the Management Board, to take place

held the Senate.



section 21



(1) the joint management held a regional court is competent to take place of the proceedings

at least one of the crimes.



(2) joint management held a court that is competent to hold proceedings against

the offender or the most difficult crime.



section 22



The jurisdiction of several courts



Where, under the foregoing provisions of jurisdiction of several courts,

proceedings of these courts because, for which the Prosecutor handed the indictment,

proposal for punishment, a proposal for approval of the agreement on the guilt and punishment or

whom the case was ordered to superior court.



Article 23 of the



Exclusion and connection stuff



(1) to speed up the proceedings or for other important reasons, the procedure for

one of the criminal offences or against any of the defendants to exclude from the

joint management.



(2) the jurisdiction of the Court to exclude does not change; If, however, excludes the

the regional court, which would otherwise take place on the management of the district

the Court may assign it to that Court.



(3) if the conditions for the common control, the Court may combine to

a common discussion and decision of the case, in which they were given separate

the indictment.



section 24



A decision on the jurisdiction of the Court



(1) where the doubts as to the jurisdiction of the Court, decides

which court is competent to hear the case, the Court, which is closest to the

jointly responsible to the Court in which the prosecution has been made, the proposal on the

the punishment, a proposal for approval of the agreement on the guilt and punishment to which the case was

referred to under section 39 Judiciary Act in matters of youth or

Superior Court, was ordered and the Court should be competent according to

the decision on the presentation of the case for decision on jurisdiction [section 188 (1)

(a). and), § 222 para. 1, § 257 paragraph. 1 (b). § 314p), para. 3 (b).

and)]. It is bound only by lawful aspects relevant for the determination of

jurisdiction (§ 16 to 22). If the Court to which the case was presented to the

the decision of the superior court, under the Act, it shall refer the case to the competent

the decision on the jurisdiction of the Court, which is jointly responsible to the Court

the referring court and the matter under the Act to the competent.



(2) the Court shall decide on the jurisdiction of the Court, may at the same time

decide to withdraw, and referral reason referred to in section 25.



the title launched



§ 25



Withdrawal and referral




Important reasons may be withdrawn, and the Court ordered

Another Court of the same kind and degree; the withdrawal and the commandments by the Court,

that is both closest to superior courts together.



section 26



Jurisdiction of the Court to act in the preparatory proceedings



(1) for the implementation of operations in the preliminary proceedings, the competent District Court, in

the place is active, the State Prosecutor, who submitted the proposal.



(2) the Court in which the Prosecutor has filed a proposal under paragraph 1, shall

becomes competent to carry out all the acts of the Court throughout the preparatory

proceedings, if there is no transfer of the case because of the nationality of another

the Prosecutor working outside the perimeter of the Court.



SECTION TWO



Auxiliary persons



section 27 of the



The writer



To draw up the Protocol on the acts of law enforcement with the

as a rule, the writer gains weight experts promise. If the writer

the action, report the person performing the Act. If, in proceedings before the

the Court of the progress of the Act created an audio recording, and as a result of this

President of the Chamber were not dictated by the Protocol, is the Secretary, if it is

need a higher court official or an official of the logging.



§ 27a



The higher the clerk



A simple decision, with the exception of the decision on guilt and punishment, usually

be issued and executed, and the administrative tasks connected with the proceedings conducted

the higher the clerk; a special law shall determine its terms of reference to determine

which tasks can later the clerk separately, and when

proceed on behalf of the judge.



section 27b



Probation officer



(1) an official of the probation and mediation service (hereinafter referred to as "probation officer")

shall exercise supervision over the criminal proceedings the accused of both in

positive leadership and help the accused and in control of its behavior

and in cases where supervision has not been saved, it performs actions towards making

to the accused led an orderly life, if it was decided to



and for the release of the accused from) the binding while voicing supervision,



(b)) on conditional cessation of criminal prosecution,



(c)) on the conditional waiver from the punishment with the supervision,



(d)) on conditional sentencing, including conditional sentencing with supervision,



e) on conditional release from imprisonment, including

conditional release from imprisonment under the current

give the supervision, or



(f) imposition of sentence generally) about the community service or punishment prohibition of residence

While voicing reasonable restrictions and reasonable obligations.



(2) a Probation Officer may be a public prosecutor, and in the proceedings before the Court

Chairman of the Board in charge of the survey information about the person of the accused and the

its social situation and creating the conditions for a decision on the

approval of the settlement and on conditional cessation of criminal prosecution. For

the conditions laid down by a special law can perform individual acts and

without such instruction. In the proceedings before the Court may exercise the individual

enforcement actions, in particular in cases where the penalty

If the imprisonment, or where the convicted person has been out of prison

imprisonment conditionally released or in the performance of each of the species

the protective measures.



(3) Further the conditions under which the probation officer carrying out his

the scope of the special law.



section 27 c



Assistant judge of the Supreme Court



Assistant judge of the Supreme Court shall be individual acts of criminal proceedings

on behalf of the judges of the Supreme Court.



The interpreter



section 28



(1) if it is necessary to convey the content of the document, notice or other

the procedural act or the use of the accused person the right referred to in § 2 paragraph 1. 14,

picked up the slack with an interpreter; the same applies in the case of the provision of an interpreter

the person with whom you cannot communicate differently than some of the communication

systems of the deaf and Deafblind people. The interpreter may also be the

communicates with. If the accused fails to indicate the language that controls, or if the

language or dialect, which is not the language of its nationality or official

the language of the State of which he is a citizen, and for such a language or dialect is not

No person in the list of registered interpreters, designates an authority

criminal proceedings, an interpreter for the language of his nationality or official language

the State of which he is a citizen. If it is a person without citizenship, means

the State in which the permanent residence, or the State of origin. The use of the

the accused right provided for in § 2 (2). 14, přibraný the interpreter interprets the

his request, and his meeting with counsel in the course of the procedural acts.



(2) under the conditions referred to in paragraph 1 shall be in writing to the person accused

translate resolution on the initiation of prosecution, the binding resolution,

a resolution on regulation of observation of the accused in medical institution

Impeachment, agreement on guilt and sentence, and the proposal for its approval, a proposal to

punishment, judgment, order, the decision on the appeal and the

conditional cessation of criminal prosecution; This does not apply if the accused

After lessons declares that the translation of such a decision

not be required. If such a decision is more of the accused, the

only that part of the decision of the accused, that is, if it can be

separated from other statements of decisions and their rationale. The acquisition of

translation of the decision and its authority ensures the delivery of criminal

control, about whose decision it is.



(3) if the judgment referred to in paragraph 2 is associated

the beginning of the period and you must make a written translation of such

the decision, the decision shall be deemed to have been delivered up to the delivery of a written

translation.



(4) under the conditions referred to in paragraph 1 shall be in writing to the person accused

translate and document not listed in paragraph 2, if it is needed for

the guarantee of a fair trial, in particular for the proper application of the law on

defence, and to the extent specified by the authority of law enforcement,

that is absolutely necessary to the understanding of the accused facts

He attributed the blame; If no reasoned proposal of the accused that

used the right provided for in § 2 (2). 14, the translation of such

the document granted authority in criminal proceedings, proceedings

to decide by resolution. Instead of a written translation in the first sentence

It can be a document or its essential contents of an interpreter; the provisions of sentence

the first does not apply if you already have this document or its

the essential content of the accused if the accused interpreted or after

lessons declares that the acquisition of the translation shall be required. Against the

decision referred to in the first sentence is permissible. Acquisition of translation and

the service provides authority in criminal proceedings, the proceedings

leads.



(5) the rights referred to in paragraphs 1 and 4 is suspected.



(6) subject to the conditions referred to in paragraph 1 shall be a person who is

detained or arrested, without undue delay in writing, resolve whether or not

lessons learned about their rights (§ 33 paragraph 6 and section 76, paragraph 5).



section 29



(1) the provision of an interpreter of this feature and on the exclusion of

from it, about the right to refuse the execution of an interpreting the Act, about the promise and

a reminder of the obligations before you perform interpreting the Act, as well as the

reimbursement of expenses and remuneration of the finished interpreting the Act applies special

regulations.



(2) the amount of compensation and rewards an interpreter shall designate the authority which the interpreter

and in the proceedings before the Court the President of the Senate, without undue delay,

not later than two months from the expense report reimbursement and remuneration of the interpreter.

If the one who gained the interpreter, with the amount of charged compensation and

the rewards of an interpreter shall be decided by a resolution. Against the order is admissible

the complaint, which shall have suspensive effect.



(3) reimbursement and remuneration of an interpreter is to be paid without undue delay

after their return, not later than 30 days.



THE THIRD SECTION



The exclusion of the bodies active in criminal proceedings



section 30



(1) from carrying out acts of criminal proceedings is excluded by the judge or

the lay judges, the Prosecutor, the police or any person in it for work

the illuminating, for which I have doubts that the ratio to the present case

or to persons covered by the act directly affects, to their defenders, legal

representatives and agents, or for the ratio to another authority, the law

criminal proceedings could not impartially decide. Acts which have been made

excluded persons, cannot be the basis for a decision in a criminal

control.



(2) a judge or lay judge is further excluded from carrying out acts of criminal

proceedings, if in the present case was active as a public prosecutor,

police authority, social representative, Attorney or as an agent

the interested person or the injured party. After the indictment or a letter

approval of the agreement on the guilt and punishment is excluded from carrying out acts

criminal proceedings, the judge in the present case in the preparatory proceedings

ordered a search warrant or other premises and land

issued a warrant for the apprehension or arrest or a decision about custody

the person to whom the indictment was then made or with which the agreement has been negotiated

of guilt and punishment.



(3) the decision in a higher court judge, are excluded

or assessor, who took part in the lower court decisions,


and vice versa. From deciding on the complaint of a superior authority is excluded

the Prosecutor, that the contested decision made or given to him

consent or instruction.



(4) the procedure for the review of the order to wiretap and record

telecommunications is excluded by the judge who participated in the

making a decision in a previous case. The judge who participated in the decision-making

in the procedure for the review of the order to the interception and recording of telecommunications

traffic is excluded from the decision-making process.



section 31



(1) the exclusion of the grounds listed in § 30 shall decide which authority

these reasons relate, even without the proposal. On the exclusion of a judge or

If the assessor's decisions in the Senate, will decide this Senate.



(2) against the decision referred to in paragraph 1 shall be admissible complaint.



(3) the authority shall decide on the complaint immediately to the parent body, which

the contested decision issued.



§ 31a



The reasons for which it is carrying out acts of criminal procedure excluded higher

judicial officer or probation officer, and the procedure for deciding on

exclusion provides a special law.



SECTION FOUR



The accused



§ 32



The accused



The person who is suspected of having committed an offence can be considered

the accused and the use of resources against him, this Act only

then, if the prosecution against him (art. 160).



§ 33



Rights of the accused



(1) the accused has the right to express his views on all the facts which he

blame, and to evidence about them, but it is not obliged to testify. Can

indicate the circumstances and evidence for his defence, make suggestions and

make requests and appeals. Has the right to choose defence counsel and with the

It will advise during the operations carried out in criminal law

control. With an advocate, however, in the course of their interrogation cannot advise on how

How to answer the question already. May request that was interviewed for

the participation of their defence counsel and that defence counsel participated in other operations

preliminary proceedings (para. 165). If it is in custody or serving a prison sentence

freedom, can speak with defence counsel without the presence of a third party. Referred to

the rights belong to the accused person, even if if it is deprived of the capacity to

legal capacity or if his competence to perform legal acts is limited.



(2) if the accused Proved, that does not have sufficient funds to pay the

the cost of the defence, the President of the Chamber shall decide, and in preparatory proceedings

the judge, that he is entitled to defence of a free or for a reduced fee.

It is clear from the evidence gathered, that the accused does not have sufficient

funds to cover the costs of defence, may, if necessary to protect the

the rights of the accused, the President of the Senate and decide in the preparatory proceedings on

the proposal of the public prosecutor, the judge about the claim of defence free of charge or for a

reduced fee motion of the accused. In the cases referred to in the sentence

the first and second cost of Defence wholly or partially borne by the State.



(3) the proposal for a decision under paragraph 2, shall be authorized to submit, in addition to

the accused and his defence counsel and the persons mentioned in § 37 para. 1. A proposal for the

the decision referred to in paragraph 2, including the annexes, which has to be proven

justification, the accused in pre-trial process through the State

Representative and in proceedings before a court, that Court held proceedings at first

the degree. Against the decision referred to in paragraph 2 is admissible a complaint to

suspensory effect.



(4) if the final decision referred to in paragraph 2 to the accused person

entitled to a free defence or defence for a reduced fee, and

the accused about the provisions of the defence counsel so requests, the Attorney shall promptly

appointed. Appoint a defence counsel and, no longer exist if the reasons for the decision in accordance with

paragraph 2, the provisions of the President of the Senate and cancels the pre-trial

judge. The provisions of § 38 paragraph 1(a). 2, § 39 para. 2, section 40 and 40a shall apply

by analogy.



(5) all law enforcement bodies are obliged to always the accused

about his rights and give him the full possibility of their application.

The accused, who has been detained or arrested, should be advised of the right to

urgent medical assistance, the maximum time limit, after which it may be limited by the

at liberty, than it will be handed over to the Court, and on the right to leave, notify

consular office and member of the family or another natural person,

stating the data needed for a notification, in the case that will be taken into

binding.



(6) the Body active in criminal proceedings, which carried out the detention or arrest,

passes the accused persons without undue delay in writing the lessons of his rights;

the accused person must be able to read this lesson; the accused has the right to

retain this information to each other all the time limitation or deprivation of

personal freedom.



§ 34



The legal representative of the accused



(1) the legal representative of the accused who is deprived of his legal

capacity or the capacity to perform legal acts is limited, is authorised to

the accused be represented by, in particular, to choose his defence counsel for the accused, do

suggestions for him, to make applications and remedies; It is also authorised to

to participate in those operations, which under the law can participate in the

the accused. In favour of the accused, the legal representative of such rights may

even against the will of the accused.



(2) in cases in which the legal representative of the accused cannot exercise

their rights referred to in paragraph 1 and the risk of default, the President of the

the Senate, and in preliminary proceedings, the Prosecutor may, for the performance of these rights

the accused person to appoint a tutor. The decision on the provisions of the

the custodian is admissible a complaint.



THE FIFTH SECTION



Defense Attorney



§ 35



Defense Attorney



(1) the defence counsel in criminal proceedings may only be a lawyer. For each of the

acts of criminal proceedings, with the exception of proceedings before the regional court as

Court of first instance, before the High Court and the Supreme Court, may

defense lawyer to represent him at the Bar Association.



(2) an advocate may not be a lawyer, against which it is or was conducted

prosecution, and as a result, in proceedings in which should exercise

defence, has the status of an accused person, witness or person concerned.



(3) in criminal proceedings cannot be an advocate Attorney, who says

as a witness, the expert's report or is operating as an interpreter.



Necessary defense



section 36



the title launched



(1) the accused must have a defence counsel already in the preparatory proceedings,



and) if in custody, imprisonment, in performance

the protection measure involving deprivation of liberty or to

observation in a medical institution (article 116, paragraph 2),



(b)) if it is deprived of the capacity to perform legal acts, or if its

competence to perform legal acts is limited,



c) in the case of proceedings against a fugitive, or



(d)) for the negotiation of the agreement on guilt and punishment.



(2) the accused must have a defence counsel if the court sees fit, and in

the preliminary proceedings, the Prosecutor considers it necessary, in particular, that since

to the physical or mental defects of the accused have doubts as to its

competence to defend.



(3) if the offence for which the law stipulates a prison

deprivation of liberty whose upper limit exceeds five years, must have

the accused lawyer already in the preparatory proceedings.



(4) the accused must have defence counsel whether or not



and in the main version) held in simplified proceedings against boarded,

or



b) in proceedings in which the decision on the imposition or change in the security

detention or imposing or changing a protective treatment, with the exception of

the protective treatment of protialkoholního.



§ 36a



(1) in the enforcement process, in which the Court decides in the public session,

You must have the person's Attorney,



and if deprived of) competence to perform legal acts, or if its

competence to perform legal acts is limited,



(b)) is in custody, or



(c)) if there are doubts about his ability to defend,



(2) in proceedings on a complaint for violation of the law, in proceedings on appeal and in

the proceedings on the application for permit renewal must have a defence counsel, the person's



and in the case of) the cases referred to in § 36 odst. 1 (b). and) or (b)),



(b)) in the case of an offence for which the law stipulates a prison sentence,

the upper limit exceeds five years,



(c)) if there are doubts about his ability to defend,



d) in the case of proceedings against the prisoner, who died.



section 36b



(1) if the reason given must be the defence pursuant to § 36 odst. 3 or § 36a para.

2 (a). (b)), the accused may advocate giving up, unless an offence

that can save an exceptional punishment. The accused may give up even in the advocate

If necessary the defence under § 36 odst. 4 (b). and).



(2) waiver of Attorney referred to in paragraph 1 may be made only by the accused

the express written declaration or orally by the officer

in criminal proceedings, who leads the proceedings; the Declaration must be made in

the presence of the defence counsel and, after prior consultation with him.



(3) a declaration of surrender the accused may at any time take the Defender back.

Along with the withdrawal of the Declaration has accused present a power of Attorney

defense lawyer, whom he chose, or ask on its provisions; If so

they do not, it is considered that the Attorney did not elect him and advocate without delay

shall designate. If the accused took their Declaration of surrender Defender back,

cannot advocate giving up again.



(4) the Acts made since the delivery of the Declaration of surrender Attorney authority


law enforcement to his withdrawal need not be repeated just out of

the reason that the accused did not have defence counsel at this time.



§ 37



The chosen defence counsel



(1) if the accused He right to choose defence counsel and, if he chooses, or

his legal representative, can it choose to his relative in the tribe

direct, its sibling, adoptive parent, osvojenec, husband, partner, companion,

as well as by the person concerned. If the accused is deprived of his legal

capacity or if his competence to perform legal acts is limited, so they can

do these people even against his will.



(2) the accused may instead of a defense lawyer who has been appointed to him or a person

qualified to do so, choose a lawyer elected another. If the change

defense lawyer to advocate could be notified about the action in the prescribed by law

the time limit, the institution active in criminal proceedings, from the date of receipt of such notification,

understands that the newly elected an attorney. Otherwise, the defence counsel before

appointed or elected, unless excluded, obliged to defend

defence of the exercise until it personally takes over later elected

Defense Attorney.



(3) if the accused chooses two or more defenders and authority of law

criminal proceedings at the same time notify you which of these defenders of the

receipt of documents and to the vyrozumívání of the action of criminal proceedings shall be determined by

President of the Senate and in preliminary proceedings the State Prosecutor; your

decision shall be notified to all the chosen defenders.



§ 37a



(1) the President of the Chamber and the pre-trial judge shall decide without an application

on the exclusion of the lawyer as the chosen defence counsel of the advocacy



and) for the reasons referred to in § 35 para. 2 or 3, or



(b)) if the advocate repeatedly fails to appear in acts of criminal proceedings,

where is it necessary nor does not ensure the participation of their representatives,

Although it has been properly and timely informed about such acts.



(2) the exclusion of the lawyer as advocate and President of the Senate selected in

preliminary proceedings judge also decides if the advocate shall exercise

defence of two or more spoluobviněných, whose interests in the criminal's

contrary to the control. Defense lawyer who was expelled for this reason, it cannot in

the same case from performing any defence of the accused.



(3) prior to a decision pursuant to paragraph 1 or 2 of the President of the Senate, and in

preliminary proceedings judge allows accused persons and advocates, in order to get to the point

expressed, and in the decision of this expression into account. If the decision of the

the exclusion of defence counsel, the accused, at the same time allows to get in reasonable time

has chosen to advocate another; in the case of necessary defence, it shall proceed in accordance with § 38

paragraph. 1.



(4) against the decision referred to in paragraphs 1 and 2 shall be admissible, a complaint that has

suspensory effect.



Appointed defense attorney



§ 38



(1) if the accused does not have a defense lawyer in the case, when it must have (§ 36 and

36A), the deadline for him to choose a defence counsel. If within this period will not be

defense lawyer elected, he will advocate on the duration for which grounds must

the defence immediately defined.



(2) if the accused, shall designate those whose interests in the

criminal proceedings are usually advocate the common.



§ 39



(1) an advocate shall designate, and no longer exist if the reasons necessary to the defence, the provisions

Clears the President of the Chamber and the pre-trial judge.



(2) for the purposes of the provisions of the defence counsel, the Court conducts an ordered waiting list alphabetically

lawyers (hereinafter referred to as "waiting list") who agree with the performance of defence as

the provisions of the advocates for this Court and have in its circumference, or

Headquarters, its registered office. In the district courts in Prague, under the seat

considered the capital city of Prague. If you cannot establish a lawyer from this

the Court will appoint a lawyer waiting list from the waiting list of lawyers of the parent

the Court.



(3) Lawyers are on the waiting list management ustanovováni as advocates

each of the accused, as in a row following their

the last name on the waiting list. If the lawyer appointed in this way, the

which are reasons for exclusion from the defence, or if it could not be

lawyer appointed for other reasons, appoints the first subsequent Attorney

for which these reasons are not. If the accused surrendered to the appointed defence counsel

declaration under section 36b and subsequently took that statement back, establish

He had the same lawyer, if that is possible.



(4) if there is a joinder to the common discussion and decision and

the accused person was in each of these things is appointed defense lawyer, President of the Chamber

and, in preliminary proceedings, the judge shall cancel the provisions of those defenders who were

appointed later. If the provisions of the defenders at the same time, it cancels the

the provisions of the defense lawyers, who were appointed in a less severe

Criminal Act.



section 40



Appointed defense lawyer is obliged to take over the defense. Important reasons

However, it can be a lawyer, at his request or at the request of the accused

relieved of the obligation to defend and instead appointed another lawyer.

Relieved of the obligation to defend in court the President of the Senate, and in

pre-trial judge.



§ 40a



(1) for the reasons stated in § 37a paragraph 1. 1 or 2, or if he does not pursue

established longer period of defence lawyer, President of the Chamber, and in the preparatory

management of the judge's own motion decide on acquittal of the appointed defence counsel

duties of advocacy; prior to the decision allowing the accused and defense lawyers,

in order to comment.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



§ 41



The obligations and rights advocate



(1) an advocate is required to provide the necessary legal assistance to the accused person,

effectively used to serve the interests of means and methods of defence

referred to in the Act, in particular, to take care of that in the proceedings and

in time clarified the facts that the accused deprive guilt or his

assuaging the guilt, and thus contribute to the correct explanation and decision

things.



(2) the Advocate is entitled to no longer be in the preparatory proceedings for the accused

suggestions for him, to make applications and remedies, to inspect the files

(section 65) and to participate in the investigation pursuant to the provisions of this law

the acts. With the accused who is in custody, shall be entitled to speak in the range

provided for in § 33 para. 1.



(3) the Advocate is in proceedings before the Court shall be entitled to participate in all actions

where the accused can take part in.



(4) if the accused Is deprived of legal capacity or if its

competence to perform legal acts is limited, can advocate for the permissions referred to in

paragraphs 2 and 3 of the exercise also against the will of the accused.



(5) the authorisation advocate when his election or provision

defined otherwise, shall expire upon termination of criminal prosecution. Even if the authorization

Thus, the defense attorney for the accused entitled to appeal yet

and participate in the proceedings on the appeal in the Supreme Court, to submit a request

for mercy and for stay of execution of sentence.



(6) the Advocate has the right at all stages of the criminal proceedings request

advance copy of transcript or log (section 55) for each act of criminal

control. Authorities active in criminal proceedings (section 12 (1)) shall be obliged to him

meet; refuse can only when it's not due to technical reasons

possible. The associated costs shall be obliged to pay to the State.



THE SIXTH SECTION



The person concerned



§ 42



(1), whose case was taken up by or under the proposal to be taken up by

(the person concerned), must be given the opportunity to get to the point

comment; may be present at the main trial and public hearing,

do these suggestions, to inspect the files (article 65) and administered in cases

This Act provided for remedies.



(2) law enforcement Authorities are obliged to person involved on

its rights and to provide it with the possibility of their application.



(3) if the person concerned is deprived of legal capacity or competence

If the capacity to perform legal acts is limited, exercised her rights

According to this law, its legal representative.



(4) if the seized or if this is by design, to be taken up by the thing that is

part of the assets of the trust or mutual fund, has a criminal

control the position of the person concerned, the trustee or

obhospodařovatel mutual fund.



THE SEVENTH SECTION



Damaged



The permissions of the victim and the claim for damages or

non-material damage, or to unjust enrichment



§ 43



(1) a person who has been a criminal offense to harm to health caused by

property damage or non-material damage, or the one on the expense of the

the perpetrator of a crime enriched (damaged), has the right to make a proposal to

additional evidence, inspect the files (article 65), to participate in the negotiation of the

agreement on guilt and punishment, to participate in the trial and the public

the meeting to be held on the appeal or for the approval of guilt and punishment and

before the end of the trial to comment.



(2) the injured party is not the one who feels to be a criminal

Act morally or otherwise damaged, but the resulting injury is not caused by

the fault of the offender or its establishment is not in a causal relationship with

a criminal offence.



(3) the injured party is entitled to propose to the Court also in the convicting

the judgment of the accused the obligation to pay in money damages or

non-material damage, which was caused by the criminal offence, the victim, or

issue an unjust enrichment, that the defendant at his expense of criminal


the crime gained. The proposal is to be taken at the latest at the trial before the

the start of the taking of evidence (article 206, paragraph 2); If a negotiated agreement on the guilt and

the sentence, it is necessary to make a proposal at the latest when first hearing about such

Agreement (section 175a (2)). The proposal must be perceptible, for what reasons and in

what the amount of the claim for damages or non-material damage claims

or on what grounds and to what extent the claim is made on the issue of

of unjust enrichment. The reason and the amount of damage, non-material damage or

unjust enrichment is damaged shall be obliged to provide evidence. About these rights and

obligations must be damaged; If it wasn't for the decision on the

the claim of the injured party a sufficient basis and unless important

reasons, in particular the need for the judgment or penalty

command without undue delay, the Court shall notify the victim, how

can add documents, and shall provide it with a reasonable period to do so, he

at the same time.



(4) the injured party which is the victim of a criminal offence under the law on victims of

crime, has the right, at any stage of criminal proceedings make

a statement about what kind of impact he had committed offence on his past

life. The Declaration may be made in writing. A written declaration is in control

before the Court performs as documentary evidence.



(5) the injured party may also be an explicit statement forwarded to the authority

law enforcement officials give up the procedural rights which the law

as the victim admits.



§ 44



(1) the injured party cannot exercise the one who is in the criminal

proceedings prosecuted as spoluobviněný.



(2) if the number of victims Is exceptionally high and individual performance

their rights could be threatened by the rapid progress of the prosecution,

President of the Chamber shall decide, and in preparatory proceedings upon a proposal of the State

the representative of a judge that may damage their rights in criminal proceedings

apply only through a common agent, which

chooses. Shall notify the decision in proceedings before the Court and, in preliminary

proceedings, the State representative of the victims, who have already raised a claim for

or non-material damage or damage to the unjust enrichment;

the decision shall be notified to the other victims in the first act of criminal proceedings,

to which shall be summoned or on. If

the total number of selected agents has risen to more than six, and damage

among themselves do not agree on the selection of, make a selection, taking into account

damaged the interests of the Court. Common agent exercises the rights of victims

It represents, including the exercise of the right to compensation for damages or

non-material damage, or on the issue of unjust enrichment in the criminal

control.



(3) an application under section 43 para. 3 may be made if the claim was no longer

decided in civil or in another appropriate proceeding.



§ 44a



cancelled



§ 45



(1) if the injured person deprived of legal capacity or competence

If the capacity to perform legal acts is limited, exercised her rights

According to this law, its legal representative.



(2) in cases in which the legal representative of the injured party cannot exercise

their rights referred to in paragraph 1 and the risk of default, the President of the

the Senate, and in preliminary proceedings, the Prosecutor shall designate for the exercise of the rights

the victim of the guardian. The decision on the provision of a guardian is

admissible complaint.



(3) in the case of a claim for compensation or to release

unjust enrichment (§ 43 para. 3), the rights that this

the law confers on the victim, and to his successors in title.



§ 45a



All documents intended victim is delivered to the address you

damaged presents. If the agent, delivers to him alone; This does not apply,

If the injured party shall send a challenge to do something personally.



§ 46



Law enforcement authorities are obliged to the victim of his rights

learn a lesson and give him full opportunity to their application. If it is conducted

proceedings for an offence for which you can negotiate an agreement on guilt and punishment,

notify the authorities responsible for criminal proceedings when the lessons conducted in

the preparatory proceedings of the damaged, in particular, that the trade may occur

agreement on guilt and punishment and that in this case may claim the

damages or non-material damage in money or issuing a

unjust enrichment not later than when the first negotiations for such an agreement.

If it has a damaged the position of the victims under the victims of crime,

are required to learn it also on the rights under the law on victims of crime

acts and give him full opportunity to their application.



Securing the claim of the injured party



§ 47



(1) if the victim caused by the criminal offence or non-

the injury, or if the accused has acquired such a criminal offence at his expense of

unjust enrichment, you can claim up to the amount of the damages, or likely

non-material damage, or until the likely extent of unjust

the enrichment of the assets of the accused. Ensure you cannot claim that

You cannot apply in criminal proceedings. To ensure the assets that cannot be used

under special legislation is excluded from enforcement of the

collateral.



(2) the guarantee referred to in paragraph 1 shall be decided by the Court on the proposal of the State

representative or the injured party, in preliminary proceedings, the Prosecutor on the proposal

the injured party. In the preliminary proceedings, the Prosecutor may claim to provide even

without the design of the damaged, if required by the protection of his interests, in particular

If there is a risk of default.



(3) if the injured party is known, that the accused is the owner of the property or

It has a movable thing is added outside the place of his permanent or another

the stay, it shall, if possible, already in the design to ensure their entitlement to

damages or non-material damage or unjust

the enrichment, where such a thing is.



(4) the Court and, in preliminary proceedings, the Prosecutor in the resolution on ensuring

disables the accused person to property referred to in the decision on seizure and

where appropriate, the assets of which will be drawn up in the execution of such a decision,

After the announcement of the resolution transferred to another or to the expense or that it

deliberately damaging or destroying. Furthermore, he saves to the presiding judge and in

preliminary proceedings to the Prosecutor within 15 days of the notification of the resolution and the

subsequently drawn up assets in a specified period, which they told whether and who has

to secure the right of first refusal or other assets or whether it is another

way restricted exercise of the right to dispose of it, and if it was provided

property right, whether or not who is the person liable to provide the appropriate

the performance, with a warning of the consequences of non-compliance of such challenge within the prescribed

time limit (section 66). If it is necessary for the purposes of ensuring, in the resolution on

collateral or even in an additional resolution to prohibit or restrict the performance

other seized assets-related rights, including the rights

only in the hereafter. Legal action taken in violation of the prohibitions

referred to in the first sentence, and the third is invalid, and the Court for invalidity

even without taking into account the proposal; It should be about that of the accused.



(5) with the property of the accused, subject to a decision regarding the securing of

referred to in paragraphs 1 and 2 may, in the exercise of judgment, execution or

insolvency proceedings to dispose of only with the prior consent of the Court, and in

the preliminary proceedings, the Prosecutor.



(6) the rights of third parties to secure the assets can be brought according to the

a special legal regulation.



(7) the injured party must be about securing its claim always informed with

calling attention to the reasons for which the guarantee referred to in § 48 para. 1.



(8) the performance of the decision regarding the securing of a claim of the injured party, and how to manage

seized property provides special legal regulation.



Section 47a



(1) the Court and, in preliminary proceedings, the Prosecutor shall refrain from performing

reinsurance operations or security unless the accused or with his

the consent of the other person to lodge the account for financial institution financial Court

security of the claim of the injured party on appropriate use of the technique

damages or non-material damage or unjust

enrichment; the other person must be familiar with the nature of the allegations and the

facts which have led or could lead to the provision. If it was

financial security has been lodged, the Court and lower in preliminary proceedings the State

representative performs locking operations on the property of the accused, to the extent

they likely claim of the injured party to damages or non-material

injury or on the issue of unjust enrichment is not ensured financial

certainty.



(2) the Financial security referred to in paragraph 1, the Court, and in preparatory proceedings

the Prosecutor shall revoke or restrict, if the reasons for the

securing a claim of the injured party, or it is evident that a claim for damages

or non-material damage, or on the issue of the unjust enrichment of the victim

in criminal proceedings may be granted or is substantially lower.



(3) unless the Court decides otherwise, it takes financial security referred to in paragraph 1 to the

the legal force of a conviction. If such a judgment was granted

the injured party is entitled to damages or non-material damage or issuing a

unjust enrichment, it will pay the Court of financial certainty.




(4) against the decisions referred to in paragraphs 1 and 2 shall be admissible, a complaint that has

suspensory effect.



§ 48



(1) the Court and, in preliminary proceedings, the Prosecutor ensure cancels



and if the reason has ceased), for which it was ordered,



(b)) if the prosecution finally stopped or if

by a final judgment, or zprošťujícím



(c) if passed four) months from the date the convicting judgment,

which the accused was convicted, or from the day when the power came

the resolution, in which the case was referred to another body.



(2) Collateral should be limited, if it turns out that it does not need to be in the range,

in which it was ordered.



(3) the Court may, for important reasons and in preliminary proceedings, the Prosecutor

on the proposal of the accused to enable implementation of the Act, which applies to the secured

asset.



(4) the accused has the right at any time to request a revocation or limitation of a guarantee;

on that application the Court and, in preliminary proceedings, the Prosecutor, the

Decides, it shall notify the injured party whose claim was secured. If it was

application is rejected, the accused may, unless new reasons

Repeat until after the expiration of 30 days from the legal force of such a decision.



§ 49



Against a decision under sections 47 and 48 shall be admissible a complaint which are,

It is a seizure, his restriction or authorisation of the Act,

suspensory effect.



THE EIGHTH SECTION



The agent of the person concerned, and the injured party



§ 50



(1) the person concerned and may represent a corrupt agent

that may well be a legal person. An agent may be damaged

at the same time a confidant under the law on victims of crime.



(2) If an agent of an interested person or the injured party is a natural person,

It may not be the person who is deprived of legal capacity

or whose capacity to perform legal acts is limited; When the main version

and the public session cannot be an agent, one who is summoned to it

as a witness, expert or interpreter.



§ 51



(1) the agent of the person concerned, and the injured party is entitled to do under the

interested person or the injured party suggestions and submit requests for them and

remedies; It is also entitled to participate in all actions which

the person concerned may participate in or damaged.



(2) an agent of the injured party and the person concerned is no longer from the start

criminal prosecution shall be entitled to be present when investigative acts,

be undertaken to clarify the facts relevant to the exercise of the rights of persons

It represents, and the result can be used as evidence in proceedings

before the Court, unless the presence of the agent could be thwarted by the purpose of the

of criminal proceedings or of the Act cannot be postponed and be informed about it

to ensure. Can the accused and other persons examined to ask questions,

However, only when the police interrogation ends and shall give to the fact

the word. Objections to the way the implementation of the Act at any time can float in the

its progress.



(3) if the agent shall notify the police authority that wants to participate in the

investigation of the Act referred to in paragraph 2, is a police authority shall in a timely manner

agents tell you what kind of operation it is, time and place thereof,

unless you cannot defer action and notification agent cannot

to ensure. If the Act of the person in the hearing of a police authority of agents

shall communicate the information according to which such person can be identified. Where this cannot be

details determine in advance of the communication must be clear what this person has

to testify.



(4) If an agent Has a damaged or of an interested person to participate in

hearing of a witness whose identity is supposed to be for the reasons referred to in § 55 para.

2 secret police authority is obliged to take measures to

make it impossible to determine the real identity of the witness's agents, and therefore

notice of hearing of a witness whose identity is supposed to be for the reasons given in the

§ 55 para. 2 secret, may not contain the information, according to which it would be possible to

Discover the real identity of the witness.



§ 51a



(1) if the injured party, shall certify



and that is particularly vulnerable) victims under the law on victims of crime

acts,



(b)) which has been vandalized due to severe damage to health,

or



(c)) that is the survivors of victims, which was caused by a criminal act

death,



It does not have sufficient funds to pay the costs incurred by the inclusion of

Representative, shall decide on the proposal for a President of the Chamber of the Court which held

proceedings at first instance and, in preliminary proceedings, the judge shall be entitled to

legal aid is granted to the agent free of charge or for a reduced fee.

Just decide on this proposal of the injured party which filed in accordance

the law is entitled to damages or non-material damage or issuing a

unjust enrichment, if it is not applicable due to the nature of the refund

damages or non-material damage or the amount or because of the nature and

the range represented by the agent of unjust enrichment is manifestly unnecessary.



(2) Damaged less than eighteen years old is eligible, unless the offence is

neglect of mandatory nutrition (§ 196 of the Criminal Code), the legal aid

provided by the agent free of charge and without compliance with the conditions referred to in paragraph

1.



(3) the application for a decision pursuant to paragraph 1, including the annexes, to be

demonstrated its soundness, serves the sufferer in the preparatory proceedings

through the public prosecutor that attaches to it their observations,

and in the proceedings before the Court to the competent court, hearing the case.



(4) in the event that the agent has chosen a sufferer himself, as

Agent under the conditions referred to in paragraphs 1 or 2 of the President of the Senate and the

in the preliminary proceedings, the judge advocate of the registered in the registry of providers

assistance to victims of criminal offences to legal aid under the law on victims of

criminal offences according to the space mission, and in order to follow him.

If this is not possible or appropriate, designates an agent of another lawyer;

the provisions of § 39 para. 2 and 3 shall apply mutatis mutandis. The costs incurred by

inclusion of such an agent are borne by the State.



(5) if the reasons which led to the establishment of an agent of the injured party,

or if important reasons, the agent of the injured party continues to

to represent the President of the Chamber shall decide and judge in preliminary proceedings and without

the proposal waived the appointed agent of the obligation to represent the

the injured party.



(6) against the decision referred to in paragraphs 1, 4 and 5 is admissible a complaint that

shall have suspensive effect.



THE NINTH SECTION



Access to classified information



section 51b



(1) if in criminal proceedings dealt with classified information, must

be the interpreter, the accused, the legal representative of the accused, the defence counsel,

the person concerned, the injured victim, agent, agent

the person concerned, the accused or the injured party confidant, an expert, the person

serving the professional representation, as well as other persons, which according to the

the law must participate in the criminal proceedings, instructed in advance under a special

legal regulation ^ 1).



(2) instruction referred to in paragraph 1 shall be determined in the preliminary proceedings, the police

authority or the Prosecutor and in the proceedings before the Court the President of the Senate. Because

who made that lesson, it spawns a written record of the lessons of the criminal

file and a copy of it shall be sent no later than 30 days from the date of the lesson to the national

the Security Bureau.



(3) the lessons learned under paragraph 1 is not required for those people that are

valid certificate of physical persons for the appropriate level of classification

classified information and instruction, issued pursuant to a special legal

prescription ^ 1a).



THE HEAD OF THE THIRD



General provisions on criminal proceedings



§ 52



Method of carrying out acts of criminal proceedings



In the implementation of the operations of the criminal proceedings must deal with persons on the Act

participating, as required by the importance and educational purpose of criminal

the proceedings; It is always necessary to conserve their personality and their Constitution

guaranteed rights.



§ 52a



If it is necessary for the protection of the rights of persons, in particular with regard to their

age or health condition, or if so required by security or other

compelling reasons can be when performing acts of criminal procedure to use

technical devices for the transmission of image and sound (hereinafter referred to as

"video conferencing device"), if this is the nature of the acts and

If it is technically possible.



THE FIRST SECTION



Request



§ 53



(1) the Court, the Prosecutor and the police carry out individual acts of

criminal proceedings in its perimeter usually yourself. Outside of your district

carry out individual acts of criminal proceedings addressed letters rogatory of the District Court,

the State Prosecutor or the police authority in whose area the Act should be

executed or through videoconferencing facilities; If it is not

the Act is carried out via videoconferencing equipment, execute it

outside your district alone, only if the matter is urgent or if it

for the proper adjudication of the matter must necessarily be.



(2) the Supreme Court, High Court and District Court, individual acts and

execute on your circuit addressed letters rogatory of the District Court in whose district the to be

operation is carried out; The Supreme Court and the High Court it can also

addressed letters rogatory of the regional court.



§ 54



(1) it should be noted in the request, the file data, knowledge of which is necessary for the

the proper implementation of the Act. If necessary, connect the requesting authority files and


pointing to those parts where they are needed the information contained. The requested

the authority is based on the nature of the case and according to what worked in the implementation of the Act

clear, and obliged to perform other necessary actions, in particular

to hear the other person and inquire about the circumstances of the request

not listed, if it can contribute to the rapid and correct decisions matter.



(2) the Acts of the requested court, the judge takes place; the rights and

duties of the President of the Senate.



SECTION TWO



Protocol



section 55



General provisions on the drawing up of the Protocol



(1) unless otherwise provided by law, of any act of criminal proceedings

draws up, usually when the Act or immediately after it, Protocol,

which must include



and the naming of the Court) of the public prosecutor or another authority

enforcing the Act



(b)) the place, time and subject of the Act,



(c) name and surname of the official) people and their functions, first and last name

of the Parties present, name, surname and address of the legal representatives,

the guardians, advocates and agents, where applicable, the name and the surname of the other

people who participated in the Act, and in the case of the accused and the injured party whether or not

the address that you indicate for the purposes of delivery, and other information necessary to

determination or verification of identity, including the date of birth or personal identification

the numbers; If conducted by the Act data of address and

the delivery address, place of work or occupation or business

the victim, a witness, legal representative, agent or custodian,

fiduciary, then at the request of these persons to the log do not indicate if it is not

necessary for the achievement of the purpose of criminal proceedings, but they lead to

to get acquainted with them only by the authorities responsible for criminal proceedings and

probation and mediation service officials involved in the matter; This is also true

for information about personal, family and financial circumstances of the injured party, and

a witness; If it is necessary for the proper exercise of the right of defence of the person

against whom the criminal proceedings leading to this person shall communicate the necessary information; about

the communication of data and the reasons for it shall be made to the log record,



(d) a brief and concise) representation of the Act, from which it was evident

maintaining the legal provisions governing the implementation of the Act, further

the main content of the decision when the Act was proclaimed, and if the

the Act received a copy of the decision, the certificate of this service; If

verbatim protokolace testimony of the person performs, you must do the

mark so that you can safely determine the beginning and end of the literal

protokolace,



(e)), granted by the parties, where appropriate, representation of the lessons of informed people,



f) arguments of the parties or persons against the course of action, interviewed or content

Protocol.



(2) if circumstances Indicate that the witness or a person he

in testimony in connection with an apparently threaten to cause injury to the health of

or other serious risk of violations of their fundamental rights, and if you cannot

witness protection reliably provide otherwise, authority

criminal proceedings shall take measures for the confidentiality of the identity and appearance of witnesses;

first and last name and other personal information is not recorded in the log,

but the result is separate from the criminal case file and can get acquainted with them

only authorities active in criminal proceedings in the case. The witness will instruct on the law

to request confidential treatment of the form and to sign the Protocol a fancy name and

last name under which is then conducted. If it is necessary to ensure the protection of those

people, authority in criminal proceedings shall be promptly all necessary

measures. The special way of protection of witnesses and persons close to them down

a special law. No longer exist if the reasons for the secrecy of the form of the witness and separated

management of personal data of the witness, the authority which at that time leads the criminal

control, clears the classification of this information, it connects to the data referred to

criminal case-file and the form of the witness or of his identity shall continue to

neutajují; This does not apply if the concealed the identity and appearance of people

referred to in section 102a.



(3) the Protocol from a confrontation with the written testimony

konfrontovaných people literally, as well as the wording of the questions asked and

answers to them; also, to be given all of the circumstances, which are

purpose and implementation of the important confrontation. In the log produced by

rekognici is set out in detail the circumstances under which the recognition

carried out, in particular, the order in which they were people or things shown

the suspect, the accused or the witness, the duration and the conditions for their

observation and their representation; about the rekognici carried out in preparatory

control is usually also takes pictures. In the log produced by

the investigative experiment, the reconstruction and the review on the site must be

describe in detail the circumstances under which such operations are carried out, as well as

their contents and results; If the circumstances of the case do not exclude, shoots

also pictures, sketches and other suitable materials, if

possible, connects to the Protocol. Similarly, it is necessary to proceed even if

the implementation of additional evidence explicitly in the law that are not covered.



(4) in the Czech language, the report on the testimony of persons, albeit

interviewee speaks in another language; It depends if the verbatim

termination, writes the writer or translator to log the

part of the testimony also in the language in which the person is telling us.



(5) for the correctness of the Protocol corresponds to the one who carried out the operation.



section 55a



The use of special resources in protokolaci



(1) to capture during the Act can be used těsnopisného

the minutes, which are then combined with the transcription of the common fonts will connect to the

Protocol, or audio or video recording, or even another

the appropriate resource. If it is used in the implementation of the Act

videoconferencing equipment, takes the audio and video recording

always.



(2) if the Act Was taken next to the log and audio or video

record, noting this fact in the log produced by the Act, in which the

In addition to information about time, place and manner of its implementation shall also indicate on the

the used resource. Technical record carrier is attached to the file or

in the file indicate where it is stored.



section 55b



Some peculiarities of the protokolace in the proceedings before the Court



(1) on the progress of the trial is, unless important reasons

President of the Chamber decides otherwise, created the audio recording; the provision of section 55a paragraph 1.

1 second sentence shall remain unaffected.



(2) If a party to the action as the writer of the higher court official or

logging an official protocol is not dictated by, but separately it according to

Audio takes a higher court official or logging

official.



(3) testimony of people that have already been heard, to the Protocol on the

the main version or in public meetings be recorded only as long as

contain derogations or additions to the earlier testimonies or explanations.

The Prosecutor or the accused may request that testimony taken in the proceedings

before a court or a part thereof has been literally logged; the President of the

the Senate such a request, if the subject of the testimony is not just

the repetition of what is already captured in the log.



(4) the Protocol of the trial or public session need not be in writing

make, if the accused person and the Prosecutor shall declare that

surrendering to appeal against the decision and on a written copy

the Protocol of the trial or public meetings do not last, or no

the absence of the authorized persons of the appeal and the decision has become final

power. In this case, draw up a higher court official or

logging an official brief record of the course of the trial, or

public meeting, stating the place and duration of the trial

or public meeting, the persons present, the operative part of the decision, stating the

the statutory provisions to which it is applied, and the observations of the beneficiaries

on the use of legal remedies.



(5) If a sound recording made before the Court on the progress of the Act and, if not

given the reason for the procedure under paragraph 4, record its essential content

already in the course of the Act or immediately after its completion to the log.



(6) in proceedings before the Court is responsible for correctness and completeness of the protokolace

the higher the clerk or the clerk, logging if he was joined as a

the writer.



(7) the sound recording shall be kept in the data medium, along with the document, and

If there is no connection to the file possible, noting the log or

brief record instead of saving it. Delete the audio recording could not be

execute the file before shredding.



(8) if the Act is carried out outside the building of the Court and an audio record cannot be

buy, picked up the slack to the Act and President of the Senate he writer Protocol

dictates.



§ 56



Signing of the Protocol



(1) the Protocol of the trial and on public and private session

signed by the President of the Chamber, and writer; other protocols signed by the

who act done, and the person to whom the Act applies, or the writer,

the interpreter, expert or other person přivzatá to act. If the operation is carried out

through videoconferencing facilities, the person to whom the Act applies,

the Protocol does not sign. If the Protocol of the hearing to multiple pages, you must

interviewee to sign each page of the log. The refusal of the


vyslýchaný or any other person to sign the Protocol to the přivzatá of the Act, the

It's in the log with noting the reason for the rejection.



(2) if the President of the Senate for obstruction of a longer duration to sign

the Protocol of the trial or on public or private

the meeting shall sign it, another Member of the Senate. If this is a setback for other

person or by a single judge, noting the reason why in the log signature

He's unconscious.



§ 57



FIX Protocol



(1) on repair and additions to the Protocol of the trial and the public and

a private session and also of objections against such a protocol

the Court, whose Protocol is. It is against this decision

admissible complaint.



(2) a person who was driving the negotiations or implementation of the Act, may, even after the signature

Protocol to order or make the correction of clerical errors, or other

obvious mistakes. Adjustment shall be made so that the original writing has remained

readable; the correction shall be signed by the person who ordered it.



§ 58



Protocol on vote



(1) the Protocol of voting shall be indicated in addition to the General requirements (section

55 paragraph 1. 1)



and the procedure for individual polls), their result and the operative part of the

the decision,



b) opinion different from the opinion of the majority, and this throughout the text of (i) a brief

justification.



(2) a record of all of the polls, which occurred during the same

negotiations, holds a single log on to the vote.



(3) the Protocol on vote signed all members of the Senate and

the writer.



(4) the Protocol on voting, the sealing and attached to the minutes of the hearing.

Open to only the presiding judge at the superior court in deciding

on the appeal, and the President of the Senate of the Supreme Court

deciding on a complaint for a breach of the law, as well as the judge in charge of

copy of the judgment; after consultation with the sticker and open it again commits

his signature.



(5) the Protocol of the vote did not list, if it is a simple decision,

on which the Senate passed unanimously, and which was preceded by a meeting of

only in the courtroom without interruption of the negotiations; Protocol of the meeting in

this case, noting that the order was made without interruption

the negotiations.



THE THIRD SECTION



Administration



§ 59



(1) the administration shall be assessed according to their content, even if it is incorrectly

marked. You can do so in writing, orally, in electronic

the form of a signed electronically in accordance with special regulations, cable,

by telefax or telex.



(2) the person who makes the submission in electronic form under the Special

law, it shall at the same time, the certification services provider

that his certificate issued and leads its registration, or certificate

connects to the administration.



(3) in the preliminary proceedings, the application shall be drafted submissions orally police

authorities and the District Public Prosecutor's Office; in the proceedings before the Court is

be drawn up by district courts. If there are important reasons for it, they may

exceptionally draw up and public prosecutor's Office and courts of higher instance. Word of mouth

an appeal may be made to the Protocol.



(4) if the law for the submission of a particular species does not require additional formalities,

must be from the petition, which the authority of the law in criminal proceedings is

determined, who makes it, that stuff applies to and what follows, and must be

signed and dated. The submission must be submitted with the appropriate number of

principal and with attachments so that one copy remained with the competent

Authority participating in criminal proceedings and to any person interested in such a

the filing of a copy, one got if needed. Does not satisfy the

These requirements, the authority in criminal proceedings, it returns podateli, if

I know, to complement with the lesson, as gaps.

At the same time setting a deadline to remove them. It is not known if podatel or

are not remedied within the time limit removed, to submit further

not taken into account; It does not apply to criminal charges or for another initiative, on

which it can be concluded on the suspicion of having committed a criminal offence,

or for the submission of, whose content is a remedy, even if it does not contain

all of the above requirements. Of the appeal, however, must always be

the petition, which challenges the decision and who makes it.



(5) if the complaint is by word of mouth, the notifier must be

hear about the circumstances in which the Act was committed, about the personal

conditions on which the notification is submitted, the evidence and the amount of damages

caused by the notified Act; If the notifier at the same time to the victims or

his agent, must be heard also about whether requests that the Court

decided in criminal proceedings concerning his entitlement to compensation for damages or

non-material damage or unjust enrichment. The questioning is to be

so, in order to obtain a basis for the further procedure.



(6) if the Protocol was a criminal notification by word of mouth drawn up in

the Court, the Court shall immediately send it to the Prosecutor.



SECTION FOUR



Time limits



section 60



Calculation of time limits



(1) within the time limit specified by the days not including the day when the event occurred

to specify the beginning of the period.



(2) the time limit laid down in weeks, months or years, it shall expire

the date on which his name or number corresponds to the date on which the

the event occurred that specifies the beginning of the period. If this is missing in the last day

month period, ending on the expiry of the last day of that month.



(3) if the end of the period falls on a working day or working

off, for the last day of the period closest to the next working day.



(4) the time limit is also retained if filing was within



and as the mail is lodged), addressed to the Court, the public prosecutor

or the police authority, which is to be given or who has in case

decide,



(b)) taken at the Court or the public prosecutor, which has in the matter

decide,



(c)) made a national armed forces or armed corps in Active

the Chief of the service,



(d)) made by the Director of the correctional facility, where is the one who makes the submission,

in custody or in a penalty or



(e)) taken orally in any District Court or

the District Public Prosecutor.



§ 61



Return deadlines



(1) if the accused or Misses his lawyer of the important reasons the deadline to

an appeal, grants it, unless the law provides otherwise,

It is for the authority to decide on the appeal, the return of the

the time limits. The recovery period is to be requested within three days of conclusion of the

obstacles. If the appeal has not been filed yet, you need to be

applications connect. In the case of an appeal against a judgment, it is possible to appeal

to justify even within eight days of the service of the order for authorisation

the recovery period.



(2) if the appeal Was already rejected as a belated, it cancels the authority

When you enable the recovery period as well as its decision to reject

appeal.



(3) the provisions of paragraphs 1 and 2 shall be used mutatis mutandis if, if,

the time limit for appeal, which was rejected as

delayed, missed both.



THE FIFTH SECTION



Delivery



§ 62



General provisions



(1) has not been delivered in the Act of criminal proceedings, be served on the

her body active in criminal proceedings to the data box ^ 1b). If it is not possible to

deliver the document this way, delivers her authority in criminal

control itself or through the postal service (hereinafter

"post office"), and in the case that such a service was not successful, and

through the authority of the municipality. If the document is delivered to the Court or the State

the Prosecutor's Office itself, it does so with a courier or judicial authorities

the guards. If you cannot follow these steps to effect service, delivered via the

the competent police authority. In the cases provided for in the specific

the legislation delivers authority in criminal proceedings by

The Ministry of Justice or other established authority.



(2) if the accused has a lawyer, and damaged or the person concerned agent,

delivers the document is only a lawyer or agent, if the law

provides otherwise. However, if the defendant, victim or the person concerned

something in person, the document is served to them too.



(3) if the authority delivers the active in criminal proceedings a document through the

mail, can be such a document drawn up for her cooperation; details

such a procedure, shall lay down by Decree of the Ministry of Justice.



§ 63



the title launched



(1) unless otherwise provided by this Act, are used for delivery

natural persons, legal entities, State bodies, the State, lawyers,

notaries, municipalities and higher territorial entities, mutatis mutandis, the provisions

valid for service in civil proceedings.



(2) if the addressee of the accused shall be served on him at an address

for this purpose, the said [§ 55 para. 1 (b) (c))].



(3) shall be served on the lawyer in proceedings against a fugitive to a document

for the accused (section 306 (1)), it shall proceed in the manner applicable to

the delivery of the accused person.



§ 64



The service into your own hands



(1) into your own hands shall be served on



and the prosecution, the accused) proposal for approval of the agreement on the guilt and punishment,

proposal for punishment and summons,



(b)) persons authorized to appeal against the decision of the appeal a copy of the

in this decision,



(c)) other document, if the President of the Chamber, the Prosecutor or


the police authority of the important reasons.



(2) if the addressee of the document Was to be delivered to their own

the hands, having been reached, the document is deposited and the addressee shall be appropriately

inform where it can pick up.



(3) a document is saved



and) at the District Court in whose area is the place of delivery, or in court,

having its registered office at the place of delivery, if it delivers the Court

delivery man or the authority of the judicial guard,



(b)) in the public prosecutor's Office, whose jurisdiction is the place of delivery, or

the Prosecutor's Office, which has its registered office at the place of delivery, if it

served by the bailiff of the prosecution service or the authority of the judicial

the guards,



(c)) at the post office where the mail is delivered,



(d)) with the authority of the municipality if the municipality is served by the authority, through the



(e)), the competent authority of the police if the document itself or served

It served by the Court or the Prosecutor's Office by the police

authority.



(4) if the addressee's does not collect the document within ten days of storage,

It is considered the last day of the period for the day of service, even if the addressee

about depositing, although at the point of delivery, or referred

the address called for service. Serving the authority, after a vain

the expiry of the document to the House would roll or other addressee

used mailbox, unless the sender of the insertion of the document to the Clipboard

excludes. If there is no such mailbox, the document is returned to the sender and

posted about it on the official notice board.



(5) paragraph 4 is he delivers to



and the resolution on the initiation of the accused) criminal prosecution, the prosecution, the proposal on the

the punishment, a proposal to approve the agreement on guilt and sentence, judgment,

penalty order or summons to trial or public

the meeting, or



(b)) other document, if the President of the Chamber, the Prosecutor, or

the police authority of the important reasons.



(6) if the service referred to in paragraph 4 is excluded, it must the sender to

consignment conspicuously indicate. In this case the body effecting returns

the document to the sender after the lapse of time of ten days from the date of

It was saved.



§ 64a



Refusal of acceptance



(1) if the addressee or person entitled to followed by the document

take, accept the document, noting it on the acknowledgement of receipt together with the date

and the reason for the refusal and the document is returned.



(2) if the President of the Senate, the public prosecutor or police authority

that document is posted, that the adoption was denied without good reason, it is considered

the document is to be delivered on the date when the adoption was denied; on this

result must be the addressee.



THE SIXTH SECTION



Inspection of files



§ 65



(1) the defendant, victim and the person concerned, their advocates and agents

they have the right to inspect the files, with the exception of the Protocol on the voting and

personal data of the witness in accordance with § 55 para. 2, make excerpts therefrom, and

notes and take the cost of a copy of the files and their parts.

The same right to legal representatives of the accused, the injured party or

the person concerned, if these persons are deprived of the capacity to

legal capacity, or if the capacity to perform legal acts is limited.

The other person may do so with the consent of the President of the Senate and in the preparatory

the proceedings with the consent of the public prosecutor or police authority, only

If it is necessary to exercise their rights.



(2) in the preliminary proceedings, the State Prosecutor or police authority the right to

look in the files, and the other rights mentioned in paragraph 1 of

compelling reasons to deny. The severity of reasons from which these rights

police denied the authority, at the request of the person concerned, the refusal

the Prosecutor is obliged to urgently examine. You cannot deny this right

the accused and defense lawyers, once they were alerted to the possibility of review

writings, and in negotiating the agreement on guilt and punishment.



(3) a person who had the right to be present, the Act cannot be denied

inspection of the Protocol of such Act. The accused and his lawyer

cannot be denied access to the resolution on the initiation of criminal prosecution

(section 160 (1)).



(4) the rights of the State authorities and the national member of Eurojust to inspect the files

According to other legal regulations are the provisions of the preceding paragraphs

without prejudice to the.



(5) when allowing access to the files it is necessary to take such measures,

in order to maintain the secrecy of classified information is protected in a special

law and information, which is covered by the state saved or recognized

obligation of secrecy.



(6) inspection of the files it is necessary to take such measures that have not been

the data is made available to you pursuant to § 55 para. 1 (b). (c)) can

Learn about the only authorities active in criminal proceedings and probation and

mediation services involved in the case. In the case of a request from the person against whom the

the criminal proceedings concerning the communication of such information shall be used § 55 para. 1

(a). (c)) apply mutatis mutandis.



THE SEVENTH SECTION



Fine won



§ 66



(1) Whoever through previous admonition cancelled the proceedings or who are before the Court,

to the Prosecutor or police authority behaves offensively or who, without

sufficient excuse disobeying or comply with the request that he

have been made under this Act, it may be the President of the Senate, and in the preparatory

proceedings by the public prosecutor or police authority punished riot

a fine of up to $ 50,000.



(2) if he is of the negotiations referred to in paragraph 1, the Member of the armed

forces or armed corps in active employment, you may leave the

to the appropriate Commander or Chief to kázeňskému punishment.

If he is such a person who is in custody or in the performance of

imprisonment, may be abandoned to the Director of the prison to save

disciplinary measures or to kázeňskému. The Commander,

the Chief or the Director is obliged to inform the authority about the result in the

criminal proceedings.



(3) if he is of the negotiations referred to in paragraph 1 or in the management of defence counsel

before the Court, the Prosecutor shall transmit to the competent authority karnej

penalty. This body is obliged to inform the authority about the result in the

criminal proceedings.



(4) against the decisions referred to in paragraphs 1 to 3 of the complaint is admissible,

shall have suspensive effect.



CHAPTER FOUR



INTERIM MEASURES AND SECURING PEOPLE AND THINGS



THE FIRST SECTION



Binding



§ 67



The reasons for custody



The accused may only be taken into custody only if from his acts or

other particular facts justified concern,



a) that will hide or flee, to criminal prosecution or

the sentence, especially if his identity cannot be immediately determine if the

the permanent place of residence, or where there is a high penalty to him,



(b)) that will act on yet nevyslechnuté witnesses or spoluobviněné

or otherwise thwart investigation of facts of relevance for the prosecution,

or



(c)) that will repeat the crime, for which he is prosecuted, will carry criminal

the Act, which attempted to, or execute the offense, which prepared the

or which threatened to



and yet the facts found indicate that the Act for which it was

prosecution has been committed, has all the characteristics of an offence,

are clear grounds for believing that the accused committed the offence,

and with regard to the person of the accused, the nature and gravity of the offence, for

that is, you cannot at the time of deciding the purpose of binding to achieve other

measures, in particular the imposition of one of the interim measures applied for.



§ 68



the title of the paid



(1) can only take into custody the person against whom the criminal was initiated

prosecution. The decision on custody must be given also by the

by the circumstances.



(2) take into custody cannot be the accused who is prosecuted for an intentional offence

offence for which the law stipulates a prison sentence whose upper limit

not exceeding two years, or for an offence committed through negligence, the

which the law stipulates a prison sentence whose upper limit

does not exceed three years.



(3) the restrictions referred to in paragraph 2 shall not apply if the accused



and fled or HID),



b) repeatedly have failed to summons and failed to show it

or otherwise ensure his participation in the Act of criminal proceedings,



(c)) is an unknown identity and available resources, it

Figure



(d)) has already served on witnesses or spoluobviněné or otherwise thwart

clarifying the facts of relevance for the prosecution, or



e) has already said the crime for which he is prosecuted, or in such

Crime continued, or it was for such a crime in the

the last three years, convicted or punished.



(4) the limits referred to in paragraph 2 for an intentional criminal act is, of course,

If the binding is given a reason referred to in section 67 (a). (c)) and taking into account the

the nature of such a crime requires custody effective protection

the victim, in particular the protection of life, health, or other similar

interest.



§ 69



The order to arrest



(1) if any of the reasons given is binding (§ 67) and the accused cannot be

call, show off or detained and ensure his presence in the

the hearing shall issue a pre-trial judge on the proposal of the public prosecutor and the

in the proceedings before the Court the President of the Senate to the accused was arrested.




(2) an order for the arrest must be next to the data to ensure that the accused will not be

confused with another person, include a brief description of the offence for which it is

the accused prosecuted, the indication of a criminal offence which is in this deed

sees, and accurate description of the reasons for which the warrant is issued.



(3) Arrest shall be carried out on the basis of the police authorities, which are

must also, where necessary, to execute a command to track down stay

of the accused.



(4) a police authority, that of the accused on the basis of the arrest, it is

obliged to him without delay, but not later than within 24 hours, to deliver to the Court whose

the judge issued the order, or a place to carry out this Court

hearing by videoconferencing equipment; If this is not

exceptionally due to unforeseen circumstances, it must be

the accused delivered no later than 24 hours after the arrest of another competent

the Court. If not so, the accused must be released.



(5) a judge of the Court that issued the order to arrest, the accused must

listen to immediately decide on custody and notify this decision to the

the accused within 24 hours from the time the accused was delivered to the place of

questioning. The questioning of the accused if, exceptionally, a different jurisdiction

the judge to whom the accused was delivered due to unforeseen

in the circumstances, he shall inform the judge of the Court that the

the arrest has issued. This judge after getting information about the hearing will decide on the

custody and shall notify its decision by a judge of the performing

the questioning of the accused. If the accused person is not binding decision notified to the

24 hours since it was delivered to the place of the hearing must be released

to freedom. The accused has the right to request that the defence counsel was present when

His questioning if it is within reach.



(6) the accused, who was taken into custody, shall supply to the place of binding

police authorities.



section 70



Notification of custody



Of custody must without delay notify is a family

a member of the accused or another natural person, for which the accused

Enter the details needed to notice, as well as his employer; It

does not apply if the accused declares that he does not agree with such a notice,

unless it is a notice to the family of a young person. About the taking into

binding national armed forces or armed corps should be

notify its master or Chief. About taking the alien into custody and

on his release from custody shall also inform the consular post of the State whose

is the alien's nationality if the alien requests, unless otherwise

famous for the international treaty, which the Czech Republic is bound.



section 70a



(1) the appropriate prison inform without delay should be about



and) taking the accused into custody,



(b)) change the reasons binding



(c)) decision, custody



(d)) decision to release from custody of the accused,



(e) the indication of the statutory offences), for which the accused is prosecuted, or

about change,



(f) the name, surname and) at defense lawyer who is representing the accused,



g) personal data spoluobviněného, if it is in custody,



h) referral to another authority of the law in criminal proceedings,



I) indictment, the application for approval of the agreement on the guilt and punishment or

a final decision on the referral back to the Prosecutor for investigation.



(2) the notification referred to in paragraph 1, the authority in criminal proceedings,

who leads the proceedings at a time when there was the fact that needs to be

notify the prison; referral back to the Prosecutor for investigation Announces

the Court at first instance, such a decision made.



The duration of the binding



§ 71



Review of the duration of the reasons binding



(1) the authorities responsible for criminal proceedings are obliged to continuously examine whether

the reasons for custody persist or for the accused have not changed and that it cannot be

link to replace any of the measures referred to in section 73 and 73a. Shall take into account

also as to whether leaving the accused in custody requires

the difficulty of the case or other serious reasons for which cannot be a criminal

the prosecution of the end, and whether the release of the accused from custody were frustrated

or substantially more difficult achievement of the purpose of criminal prosecution. The judge then

in preliminary proceedings only when deciding on



and the accused) requests for release from custody,



(b) the public prosecutor on) draft decision on leaving the accused in

custody,



(c) the reasons for the change binding) when he was found a new reason, or binding



(d) a complaint against the resolution) the public prosecutor of the binding.



(2) the accused must be immediately released from custody, if the



and) terminated or



(b)) it is clear that, given to the person of the accused and of the nature and severity of the

the prosecution case will not lead to the imposition of unconditional prison sentence

freedom, and if they are not given the circumstances referred to in § 68 para. 3 and 4.



section 71a



Request for release from custody



The accused has the right at any time after the decision on custody

request for release from custody. For a request for release from custody shall be deemed

(I) proposal on the adoption of one of the accused, actions of the replacement link.

Such a request must be made without undue delay. If it was

application is rejected, the accused may, unless other reasons in it

Repeat until the expiry of 30 days after the final of the last decision,

dismissing his request for release from custody, or which

It was decided to further detention or about changing the reasons for custody.



§ 72



Deciding on the duration of other links



(1) every three months at the latest from the decision on taking into

binding or final decision on custody is in preliminary proceedings

judge to decide on the proposal of the State Prosecutor on whether to

the accused person still leaves it in custody, or whether from the binding.

Otherwise, the accused must be immediately released from custody.



(2) the proposal of the public prosecutor to release the judge's decision on the further duration

binding under paragraph 1 are to be sent to the Court not later than 15 days before the

expiry of a period of three months.



(3) the Court shall, not later than 30 days from the date on which it was filed

the indictment against an accused person who is in custody, or a proposal for approval

agreement on guilt and sentence agreed with the accused who is in custody, or

When he received the dossier on the basis of a decision to refer or

referral of the accused who is in custody, decide whether

the accused leaves remain in custody or whether he be released from custody;

otherwise, the accused must be immediately released from custody. If the Court leaves

the accused is in custody, or if the Court decides on taking the accused into custody

After the indictment or a letter of approval of the agreement on the guilt and punishment,

is obliged to follow, mutatis mutandis, in accordance with paragraph 1.



(4) If a three-month time limit for the Court's decision on the further duration

the binding ends up in the course of the proceedings on the appeal before the superior

Court, the decision to keep the accused in detention or on its

release from custody that superior court; When you submit the file

the Court, against whose decision the appeal was lodged, it shall inform the

by the end of this period.



The maximum duration of custody



§ 72a



(1) Binding may take in preliminary proceedings and in the proceedings before the Court only

as long as necessary. The total duration of custody in criminal proceedings may not

exceed



and) one year, if the criminal prosecution for the offense,



(b)) two years, if the criminal prosecution for a crime,



c) three years, if the criminal prosecution for a particularly serious crime,



(d)) for four years, if the criminal prosecution for a particularly serious crime,

for that you can according to the criminal code to save an exceptional punishment.



(2) the period referred to in paragraph 1 falls one-third of the preparatory

control and two-thirds of the proceedings before the Court. If there is no preliminary proceedings

or proceeding before the Court before the expiry of this period completed, must be

no later than the last day of the period the accused released from custody. If

the accused prosecuted for two or more offences, is to determine the

the period of decisive act strictly criminal. If the Act for which it was

prosecution, another criminal offence, and the length of binding done

already exceeds the time specified for the preparatory proceedings or proceedings before the

the Court, the accused must be immediately released from custody.



(3) the reason given in paragraph 67 (a). (b)) may take a maximum of three

of the month. If an accused person who is not in custody at the same time and from another

reason, released from custody prior to the expiry of the period referred to in the first sentence,

shall be released no later than the last day of this period. If there was a

found that the accused has already served on witnesses or spoluobviněné or

otherwise thwart investigation of facts of relevance for the prosecution [§§ 68

paragraph. 3 (b). (d))], decides to keep the accused in custody over

the time limit set in the preliminary proceedings, on a proposal from the Prosecutor, the judge

and after the indictment or a letter of approval of the agreement on the guilt and punishment

the Court.



(4) the duration of custody is calculated from the date on which the limitation of personal

the freedom of the accused. When returning things to the Prosecutor for investigation

continues to run period, which falls on the preparatory proceedings, from the date of

a file is served to the public prosecutor.




(5) the duration of the binding, which was decided in the appeal proceedings (§

265l paragraph 1. 4 and § 265o para. 2), on a complaint for violation of the law (section 275

paragraph. 3) on an application for reopening proceedings (article 282, paragraph 2, and section 287),

After the dissolution of the constitutional court sentence (section 314k (1))

or in the proceedings for enforcement of the sentence of expulsion (§ 350c (1)) shall be assessed

separately and independently on the binding in the main proceedings. The provisions of sentence

the first is used by analogy to the binding in proceedings under the law on international

judicial cooperation in criminal matters.



section 72b



If the Court declared the verdict which the accused was convicted for

a particularly serious crime to imprisonment,

It doesn't count the time from the announcement of such a binding judgment in the regulation

enforcement of the sentence of deprivation of liberty or to the lifting of the

the judgment in the total duration of custody pursuant to § 72 para. 1.



section 73



Replacing the binding guarantee, oversight, a provisional measure or promise



(1) if the reason given to the binding specified in § 67 (a). and) or (c)), the authority may

the implementer of the custody of the accused at large to keep or release him on

freedom, if



and an Association of citizens) referred to in § 3 (1). 1, or trusted

a person able to favourably influence the behaviour of the accused, the takeover offer

guarantee for the further conduct of the accused and for the fact that the accused, at the invitation

appear before the Court, the public prosecutor or police authority and that always

advance notification of the place of stay shall depart, and the authority deciding on custody

the warranty shall be deemed given to the person of the accused and the nature of the circumstances of the

the case for reasonable and accepts it,



(b) the accused can be written) promise to lead an orderly life, in particular that

not allow any crime when asked to appear before the Court, the State

agents or police authority, always being away from prior notification

place of residence and to fulfil their obligations and respect the restrictions imposed,

and the authority deciding on custody is considered a promise given to the person of the accused and

the nature of the circumstances of the case as sufficient and take it,



(c)) with respect to the person of the accused and the nature of the present case can be

the purpose of the binding to achieve the supervision by a probation over the accused, or



(d)) at the same time decide on the imposition of one of the interim measures applied for.



(2) the Court and, in preliminary proceedings, the Prosecutor acquainted who offers

guarantee referred to in paragraph 1 (b). and) and meets the conditions for its

acceptance, with the substance of the allegations and the facts, which is perceived as beginning

the reason for the binding.



(3) the accused, which was ratified by the supervision by a probation

detention, is obliged to attend within the time limits

the probation officer, change place of residence only with his consent and

to be subject to further restrictions laid down in the operative part of the decision, that

they seek to ensure that the did not commit the crime and didn't lose no progress

the criminal proceedings.



(4) in connection with the custody of certain measures referred to in

paragraph 1, the authority shall at the same time save a crucial link to the accused person

limitation of the prohibition on travel to foreign countries. In such a

If the authority deciding on custody shall invite the accused or the person who has

the travel document of the accused with him, to ^ 10) travel document within the time limit

laid down, otherwise it will be issued to be withdrawn; on the process of the withdrawal of

travel document with section 79 shall apply mutatis mutandis. A copy of the order granting

It was decided to impose the restrictions, which ban travel to

abroad, which refers to the State of the citizen of the Czech Republic, shall send to the authority

a crucial link to the authority competent to issue a travel document;

This authority shall also inform about the issue or withdrawal of a travel document.



(5) the accused, who has been in the context of custody saved

the restrictions referred to in paragraph 4, shall have the right at any time to ask for its cancellation. About

such a request, the authority must decide on custody, without undue

delay. If the application is rejected, the accused may, unless new

reasons, repeating until after the expiry of three months from the date of acquisition of legal power

decision.



(6) the authority which decided to cancel the restrictions of prohibition

travel abroad, which refers to the State of the citizen of the United

States, it shall notify this fact without undue delay, the authority

competent to issue a travel document; This competent authority shall also notify the

the return of a travel document to the accused person.



(7) if the accused does not comply with the obligation imposed in connection with the substitution

binding some of the measures referred to in paragraph 1 and if they insist the reasons

binding, the Court and, in preliminary proceedings on a proposal from the Prosecutor, the judge

decide on custody.



section 73a



Financial security



(1) if the reason given to the binding specified in § 67 (a). and) or (c)), the authority may

the implementer of the custody of the accused at large to keep or release him on

freedom whether or not if it accepts a composite financial security, which

amount specified by him. However, if the accused is prosecuted for the crime of murder (section 140

of the Criminal Code), a maiming (§ 145 of the criminal

Code), torture and other inhuman and cruel treatment pursuant to section 149

paragraph. 3, 4 of the Penal Code, trafficking in human beings (section 168 of the criminal

Code), robbery under § 173 paragraph. 4 of the criminal code, the taking of

the hostages pursuant to § 174 para. 3, 4 of the criminal code, rape under §

185 paragraph 2. 3, 4 of the criminal code, sexual abuse under § 187

paragraph. 3, 4 of the criminal code, the generic threat under section 272 para. 2, 3

the criminal code, the development, production and possession of prohibited combat

resources (Article 280 of the Penal Code), illegal production and other

the management of traffic in narcotic drugs and psychotropic substances and poisons under section 283

paragraph. 3, 4 of the criminal code, gaining control of air traffic

means, the civilian vessel and a fixed platform (section 290 of the criminal

Code), the introduction of air transport to foreign countries pursuant to §

292 paragraph 2. 2, 3 of the Penal Code, treason (section 309 of the criminal

Code), Subversion (section 310 of the Criminal Code),

a terrorist attack (section 311 of the Criminal Code), terror (§ 312

of the Criminal Code), sabotage (§ 314 of the Penal Code), spying

(section 316 of the Criminal Code), cooperation with the enemy (section 319 of the criminal

Code) war-betrayal (§ 320 of the Criminal Code), genocide (art. 400

of the Criminal Code), an attack against humanity (section 401 of the Criminal Code),

apartheid and discrimination of groups of people (§ 402 of the Criminal Code),

aggression (§ 405a Penal Code), the preparation of aggression (§ 406

of the Criminal Code), the contacts against the peace (article 409 of the Penal Code),

use of a forbidden martial and illegal resource warfare (section

411 of the Criminal Code), war cruelty (section 412 of the Criminal Code),

persecution of the population (Section 413 of the Penal Code), looting in the area

war operations (section 414 of the Criminal Code), abuse of internationally

recognized and public characters (§ 415 of the Criminal Code), or abuse

the flag of truce (section 416 of the Penal Code), and, if given the reason for binding

referred to in section 67 (a). (c) financial security), cannot be accepted. With the consent of

the accused may lodge a financial security and another person, must, however, be

before the adoption of the familiar with the substance of the allegations and the facts in

which is the reason for the theatre of the binding.



(2) at the request of the accused or the person who offers the composition of cash

the guarantee, the authority referred to in paragraph 1 shall decide that



and the adoption of the financial guarantees) is permissible, and at the same time taking into account the

to the person and to the wealth of the accused or the guy who for him the composition

bail offers, to the nature and gravity of the offence, for which

the accused is prosecuted, and the severity of the reasons of the binding determines the amount of bail

in the corresponding to the value of $ 10,000, the amount and the method of composition, or



(b)) due to the circumstances of the case or the seriousness of the facts

justifying the binding offer of bail does not accept.



(3) if the authority referred to in paragraph 1 shall decide that accepting cash

the guarantee is admissible, may also decide on the imposition of restrictions

consisting in the prohibition of travel abroad. For the cases referred to in the sentence

the first paragraph of section 73. 4 to 6 shall apply mutatis mutandis.



(4) the Court and, in preliminary proceedings on a proposal from the Prosecutor, the judge

Decides that the financial security it seems to state if the accused



and) flees, hiding or fails to notify a change of their stay, and so

service of the summons or other court documents, the public prosecutor or

police authority



(b)) does not appear on the culpably summons to act in criminal proceedings, which

the execution is impossible without his presence,



c) repeated crime or tries to accomplish offence

previously nedokonal or prepared or threatened to, or



(d)) avoids the performance of the sentence of imprisonment or monetary

the performance of the replacement of a penalty or imprisonment for a financial penalty.



(5) Financial guarantee shall revoke or amend the amount on a proposal from the accused

or the person who passed it, or the Court of its own motion or State

the representative, who then leads the proceedings if the reasons that


to its acceptance is based, or the circumstances applicable to the determination of the

its amount. If the decision about the cancellation of the bail or on its

accrual of State shall review at the same time, that there are no grounds for

the decision on custody, and shall carry out the necessary tasks.



(6) unless the Court decides otherwise, it takes financial security for the accused that

He was finally sentenced to imprisonment or

relative sentence, to the date on which the accused takes the performance of prison sentence

freedom, pay a fine and costs of criminal proceedings; paragraph 7

This is not affected. If the accused fails to pay a fine or costs

criminal proceedings within the prescribed period, the payment will be applied

funds from the bail.



(7) if the convicting judgment the accused ordered to replace

the injured party property damage or non-material damage in money and

damaged about it within the period prescribed therefor, financial security after

a convicted person has fulfilled his obligations referred to in paragraph 6, it shall apply to the payment of

the claim of the injured party. If the resources are not sufficient from the cash guarantees to

satisfaction of claims of all the victims, these claims will satisfy

fairly.



(8) as soon as it is possible to use to pay for the financial security of the claim

the injured party pursuant to paragraph 7, the Court shall inform the injured party.

Unless damaged on the use of financial guarantees to cover their claims

within three months from such notification, financial security returns

to the person or to the person who has passed the financial security. About how it should be

the injured party.



(9) on the reasons for which the financial security may accrue to the State, be

applied to the payment of a financial penalty or costs of criminal proceedings

or claim of the injured party, the accused must be and the person

that financial security has passed, in advance.



section 73b



The authorities deciding on custody



(1) on taking the accused into custody is decided by the Court and, in preliminary proceedings, to

the proposal of the public prosecutor, the judge. About custody of the accused is arrested under section 69

shall be decided by the judge in the proceedings before the Court; in this case, has the same

rights and obligations as the Senate and its President.



(2) on the request of the accused for release from custody by the Court, and in

the preliminary proceedings, the Prosecutor. If the Prosecutor fails to comply with a request

for release from custody, shall, not later than within five working days

from the service to submit to the decision of the judges; about this procedure shall inform the

of the accused. If the Prosecutor agrees with the release of the accused from the

binding, may, in proceedings before the Court for release from custody may decide

the President of the Senate.



(3) on the further detention of the accused by the Court and, in preliminary

on a proposal from the Prosecutor's control of the judge.



(4) about the reasons of the binding by the Court and, in preliminary proceedings, on a proposal from the

the State Attorney of the judge; passed one of the reasons the binding,

the reasons to decide the binding in the preparatory proceedings and State representative.



(5) on an application for removal of restrictions consisting in the prohibition of travel to

abroad, that the accused person was saved under § 73 para. 4 or section 73a

paragraph. 3, or for revocation of a provisional measure of the replacement link

the Court and, in preliminary proceedings, the Prosecutor.



(6) the decision by which the accused may be released from custody in the preparatory

do i control Prosecutor. In the case of exceeding the time limit for

decision on further detention under section 72 or exceeding the highest

the permissible duration of custody under section 72a shall issue to the Court, and in preparatory proceedings

magistrate only the command to release the accused from

binding.



section 73 c



Specific elements of the decision on custody



In the grounds of the decision on taking the accused into custody, or other

the decision on custody, the effect of which is to keep the accused in custody,

must be in addition to the General requirements (section 134) also listed



and) facts that justify the suspicion of a criminal offence,

for which the accused is prosecuted, b) specific facts which are

dovozovány, where appropriate, the reasons for custody, the circumstances referred to in § 68 para. 3 and 4

and section 72a para. 3,



(c)) the reasons for which it was not possible to achieve the purpose of the link with a different

measures.



section 73d



The remand session



(1) If a master version or public meeting, involving

the accused, the Court shall decide on custody and, if this is necessary due to the

the time limits laid down.



(2) if the Court decides on taking the accused into custody outside the main version

or public meeting, or if a judge decides about custody in

preliminary proceedings, always in the "custody is decided by the meeting.



(3) in cases other than those referred to in paragraphs 1 and 2 shall be decided in

binding session, if the accused expressly asks for it, or the Court, and

in the preliminary proceedings, the judge considers the personal hearing the accused for

required for the purposes of a decision on custody. The remand session is not necessary to

take place, even if his holding of the accused expressly asked if



and accused him) declined to participate,



(b)), the accused was heard to detention in the last six weeks, did not advance

No new circumstances relevant for the decision on custody or placed

circumstances clearly cannot lead to a change in the decision on custody



(c) the State of health of the accused does not allow) the interrogation, or



(d) the accused shall be released from) binding.



section 73e



Preparation of the meetings of the



(1) the President of the Chamber and the pre-trial judge shall summon or have

show off to the custodial meeting the accused and shall inform him of the State

a representative and advocate. If you decide on custody of the detainee or prisoner

the accused, the defence counsel shall be informed if it is within 24 hours, in which

must be made at the latest on custody, can be easily accessed.



(2) the period of the venue of meeting, the President of the Chamber, and in

pre-trial judge to the Prosecutor and the defence counsel had

the opportunity to participate in the meeting and mating of compliance with time limits laid down

for the decision on custody.



§ 73f



The presence of persons in custody meeting



(1) Coupling meetings are held in the proceedings before the Court for a permanent presence

all members of the Senate.



(2) the meeting shall always participate in the pre-trial detention the accused; his participation may be

ensured by means of videoconferencing equipment. Participation of the State

a representative and advocate when binding meeting is not necessary.



(3) the remand session takes place without the participation of the public.



§ 73 g



The progress of the meeting



(1) after the commencement of the meeting the Chairman shall report to the Senate or the designated

Member of the Chamber and the pre-trial judge's report on the State of things. Then

Depending on the nature of the matter raised by a proposal from the Prosecutor or the request for

release from custody the accused or his defense attorney.



(2) the Prosecutor, the accused and his defence counsel make their observations and

proposals to carry out the investigation required for a decision on custody.

If any of those persons present and if its observations and

the proposals contained in the file, or if so requested by it, the Chairman shall refer their contents

President of the Chamber, or by a member of the Senate, and in preparatory proceedings

judge. Subsequently, the President of the Chamber and the pre-trial judge shall hear the

the accused all circumstances significant for the decision on custody. State

a representative and advocate may put questions to the accused person, but only

to the President of the Chamber and the pre-trial judge shall grant the word.



(3) if in the meeting carried out by evidence shall be reasonably

the provisions on the taking of evidence in the trial; restrictions in the taking of evidence

reading Protocol on the testimony of a witness or expert (§ 211, paragraphs 1 and 5)

does not apply.



(4) at the conclusion of the meeting the President of the Senate, and in preparatory proceedings

the judge shall grant the word to the final proposals to the State Prosecutor, a lawyer and

the accused person.



(5) the decision shall always be published in the "custody of the meeting.



(6) the provisions of § 55b, 56 and 57 shall be used also on remand meeting.



§ 74



A complaint against the decision on custody



(1) the decision on custody (§ 68, 69, 71, 71a, 72a, § 72 para. 3, §

73 and 73a) is admissible a complaint. The decision on the complaint against

the binding decision will apply mutatis mutandis the provisions of binding (section meeting

73D up to 73 g).



(2) a suspensory effect only has a complaint against the decision to the parties

accrual of cash guarantees of the State Prosecutor and a complaint against the

the decision to release the accused from custody, unless the release of

After the publication of zprošťujícího-binding judgment. Nevertheless, where the Prosecutor

present at the announcement of the decision, his complaint has suspensive effect only

If it was made immediately after the announcement of the decision.



(3) if the Court decides on the basis of the complaints about the cancellation of the decision on withdrawal

the accused into custody or the custody of another [section 149 (1) (a).

(b))], may return to the reconsideration and the decision only because of the

serious defects of the decision. In this case, the accused must be

promptly released from custody.



section 74a



Limitations of the accused in prison



(1) If a criminal prosecution against the accused in prison

deprivation of liberty and, if any of the reasons binding pursuant to section 67, decides


on the reasons, content and duration of the necessary restrictions against him

be applied, the Court and, in preliminary proceedings, the judge, upon a proposal of the public prosecutor.



(2) restrictions imposed must not be more severe than those which would otherwise be

the accused is subjected to in custody.



(3) on making a decision about the limitations, their duration and on applications for annulment

restrictions will apply mutatis mutandis the provisions of § 68 para. 1, § 71, 71a, 72, 72a

and 74. Against the decision referred to in paragraph 1 shall be admissible complaint.

The provisions on the binding of a meeting shall not apply.



SECTION TWO



The detention



§ 75



The detention of the accused to the police authority



If any of the reasons given is binding (section 67), can the police authority

accused. It is, however, obliged to apprehension to

representatives of the report without delay and hand him a copy of the log that wrote

during detention, and other material that the Prosecutor needs to

or he could submit an application for custody. The petition must be filed,

that the accused could be within 48 hours of detention

the Court must be released.



§ 76



The detention of a person suspected



(1) a person suspected of committing an offence may, if there is any

for reasons of binding (section 67), the police authority to detain in urgent cases,

Although not yet against her was not prosecution (section 160 (1)).

The detention order is required the prior consent of the Prosecutor. Without

such consent can be performed only if the retention thing does not tolerate

delay and consent cannot be obtained in advance, especially if the person was

caught crime or found on the run.



(2) the personal liberty of a person who was caught in the crime or the

immediately thereafter, the limit, if it is necessary to determine the

its identity, to prevent his escape or to secure evidence. However, it is

obliged to pass this person as soon as the police authority; a national of a

the armed forces may also pass to the nearest unit of the armed forces or

crew Manager. If you cannot immediately pass to such person, you need to

one of these organs limitation of personal freedom without delay

announce.



(3) a police authority, which carried out the arrest, the detained person shall be heard

and on the hearing of the report in which marks the place, time and more

the circumstances of the arrest and shall indicate the personal data of the detained persons, as well as

the essential reasons for detention.



(4) the police authority which carried out the detention or under

paragraph 2 is handed over to the person I? in the criminal act, it shall be released

without delay to freedom in the event that suspicion scattered or

the reasons for detention of the other causes of dropping out. If the detained person was not

free passes to the prosecutor about the interrogation Protocol with

preparation of the resolution on the initiation of criminal prosecution and other evidentiary

material so that prosecutors could, if appropriate, submit a proposal to the taking

into custody. The proposal shall submit without delay to the police authority that the person

the apprehended under this Act may be committed to a court no later than 48

hours from the apprehension; otherwise it must be released.



(5) the provisions of § 33 para. 1, 5 and 6, section 91, 92, 93 and 95 should be

reasonably ensured even if the person arrested is questioned at the time,

When it was not yet against prosecution (para. 160).



(6) the person arrested has the right to choose a defence counsel, to talk with him without

the presence of a third person and consult with him during the detention; It also has

the right to request that the defence counsel was present during her interrogation by

paragraph 3, unless defence counsel within the time limit referred to in paragraph 4

unreachable. Of those rights is to be suspicious and

give him the full possibility of their application.



section 76a



The order for the detention of the



(1) if any of the grounds given binding and if a person suspected of

committing a crime to deliver a copy of the resolution on the initiation of criminal

prosecution and that person cannot call, show off or without delay

withhold the issue on a proposal from the Prosecutor's statement to her

the detention.



(2) an order for the detention must in addition to the data to ensure that the person who has

be detained, not be confused with another person, include the exact description

the reasons for which it is issued. Shall be annexed to a copy of the resolution on the initiation of the

a criminal prosecution.



(3) Detention shall be carried out on the basis of the police authorities, which are

must also, if necessary, to track down the suspect's residence.



(4) the police authority that a suspicious person on the basis of the withheld

is required to deliver a copy of the resolution to it without delay to initiate criminal

the prosecution, to hear it, and with the Protocol on the questioning and other

evidence to pass to the Prosecutor to the Prosecutor

could, where appropriate, submit a proposal to its custody to 48 hours from the

the apprehension; otherwise, such a person must be released.



(5) the judge to whom the detainee delivered, proceed

mutatis mutandis in accordance with § 77 para. 2.



§ 77



The decision on the detained person



(1) if the State Prosecutor Ordered the release of the detainees on the basis of

the materials he received, where appropriate, after hearing it again is obliged to

deliver it within 48 hours of detention to the Court with a proposal on taking into

binding. The draft has not yet obtained evidence connects.



(2) the judge is obliged to hear the detained person (paragraph 1) and to the 24

hours of service of the public prosecutor to decide on its

release or decide that taking her into custody. About the time and

the venue of questioning in an appropriate manner, without delay, notify the selected

or appointed defence counsel, if one is reached, and of his participation retained

the person asked, and the Prosecutor. The defense attorney and the Prosecutor may

present and ask the person questions, but withheld until

to them, the judge shall grant the word. Exceeding 24 hours from the time of delivery

the proposal of the State Prosecutor for custody is always the reason behind the decision to

the release of the accused.



THE THIRD SECTION



A ban on travel abroad



§ 77a



(1) If a criminal prosecution for an intentional criminal offence, to which the

the law stipulates a prison sentence whose upper limit exceeds two

for years, or for an offence committed through negligence, for which the law

stipulates a prison sentence whose upper limit exceeds three years, the

the Court and, in preliminary proceedings on a proposal from the Prosecutor, the judge

Save the limitations inherent in banning travel abroad, if this is

necessary for the purpose of criminal proceedings. Against this decision

the complaint is admissible.



(2) if the accused person saved the restrictions referred to in paragraph 1, the President of the

the Chamber and the pre-trial judge shall invite the accused or the person who has

the travel document of the accused with him, to ^ 10) travel document within the time limit

laid down, otherwise it will be issued to be withdrawn; on the process of the withdrawal of

travel document with section 79 shall apply mutatis mutandis.



(3) a copy of the resolution referred to in paragraph 1, if a citizen of the United State

Republic, President of the Chamber shall forward the pre-trial judge and authority

competent to issue a travel document; This authority shall also notify the

the issue or withdrawal of a travel document.



(4) the limits of the ban on travel abroad by

paragraph 1, the President of the Chamber, and in preliminary proceedings, the Prosecutor shall revoke

without an application have ceased to apply to the reasons for its imposition. The accused, which

the restriction was imposed in accordance with paragraph 1, shall have the right at any time to request its

the cancellation. Of such requests the President of the Senate, and in preparatory proceedings

the public prosecutor decide without undue delay. Against this

the decision is admissible a complaint. If the application is rejected, it may be

the accused, unless new reasons, repeating until after the expiration of three months from the

the legal force of the decision.



(5) the President of the Senate and in preliminary proceedings, the Prosecutor shall notify without

undue delay, the authority competent to issue a travel document for the

the lifting of restrictions which prohibit travel abroad, which

refers to the State of the citizen of the United States; This competent authority shall also notify the

the return of a travel document to the accused person.



(6) the important reasons may the President of the Senate, and in preparatory proceedings

the State Prosecutor on specifically defined period of time to allow travel to

abroad, in particular for the purpose of the mission.



SECTION FOUR



Ensuring things



§ 78



Obligation to issue



(1) who has a material thing important for criminal procedure, is obliged to

submit it to the Court, the public prosecutor or the police

authority; If it has to be for the purpose of criminal proceedings, is obliged to

thing when asked those authorities to issue. If prompted, you must notify the

that does not comply with the invitation, he may be the thing taken away, as well as to other

the consequences of failure (section 66).



(2) the obligation referred to in paragraph 1 shall not apply to the Charter, the content of which is

refers to the circumstances, of which the prohibition of interrogation, unless there has been a waiver

the obligation to maintain secrecy or to waiver

confidentiality agreement (para. 99).



(3) calling for the release of things is entitled to President of the Senate, in the preparatory

the management of the public prosecutor or police authority.



(4) if the released material thing with which they are associated rights that need to be

to ensure the procedure is reasonably in their collateral under § .79e.




(5) a person who, not of material thing for ensuring such

thing transferred to another person or to encumber it. Legal action taken in

violation of this prohibition is null and void; the Court of invalidity shall take into account without

the proposal. About how you need to teach this person.



(6) the Body active in criminal proceedings referred to in paragraph 3 saves the person

that a material thing that he released in the time limit laid down by it, said if and

who has the stuff of first refusal or other right or whether it is another

way restricted exercise of the right to dispose of it, with a warning of the consequences of

non-compliance of such invitation within the time limit (section 66); about the physical

things then shall inform the persons and bodies, of which it becomes aware, that they have to

such things or other right of first refusal or lead management, in which it was

limited by the exercise of the right to dispose of it. To ensure things further without delay

inform the authority, which under other legislation keeps records

such things.



(7) how to manage secured by tangible things, lays down specific legal

prescription.



(8) paragraphs 4 to 7 shall not apply to material things, that authority

criminal proceedings took into custody only for the purpose of the taking of evidence.



§ 79



The withdrawal of the case



(1) if the tangible thing important for criminal proceedings issued on request

the one who has it on him, he may be on the command of the President of the Senate and in the

preliminary proceedings at the behest of the public prosecutor or police authority

withdrawn. Police authority needs to issue such an order the previous

the consent of the Attorney General.



(2) if the authority fails to make that command to the things he published, the withdrawal of the material

case itself, performs on the basis of the police's authority.



(3) without the prior consent referred to in paragraph 1 may be a command

the police authority is issued only if the prior consent cannot be

achieve and the matter urgent.



(4) withdrawal of material things, according to the possibility of requiring a person who is not on the

the case involved.



(5) the Protocol on the issue and withdrawal of material things must also contain

a sufficiently detailed description of the issued or withdrawal of a case that would allow to determine

her identity.



(6) a person who the material thing or has issued a tangible thing taken away,

the authority that carried out the operation, written confirmation of receipt of the case

or a copy of the letter of the Protocol, and that the released or are removed from

the material thing may not transfer to someone else or to encumber it, taking

legal proceedings made in contravention of this prohibition is null and void.



(7) are removed from the material thing that not prosecuting authority

proceedings taken into custody for the purpose of the taking of evidence, shall be

used section 78 para. 4 to 8.



Section 79a



Ensuring of funds on account with a bank



(1) if the facts Indicate that the funds on the

account with the Bank are intended to commit a crime or to its

having committed were used or are the proceeds of crime, the President may

the Senate, and in preliminary proceedings, the public prosecutor or police authority

decide to ensure the funds on your account and, where appropriate,

additional funds received on the account, if the reason for the

ensure to them, including their accessories. The police authority to

such a decision requires the prior approval of the public prosecutor.

The prior consent of the public prosecutor, there is no need in urgent

the cases will be dealt with. The police authority is in this case

shall, within 48 hours to present its decision to the Prosecutor, who, with

it either consent or is cancelled.



(2) the decision referred to in paragraph 1 shall be delivered to the Bank, which leads

account, and after the Bank has carried out, and to ensure the account holder. In

the decision shall indicate the account number and the amount of cash in the relevant currency, at the

you will ensure the subject. Ensure applies to cash

resources that were on the account at the time in which it was delivered to the Bank

the decision, up to the amount specified in the decision on the provision and its

accessories. Exceeds the amount referred to in the decision of the balance

of funds on the account, will ensure even on cash

resources, which subsequently ran out of account, up to the amount listed

in the decision, including its accessories. Unless the authority

criminal proceedings referred to in paragraph 1 otherwise, disables the moment

notification of the decision, any disposition of funds that

the account are up to the level, with the exception of performance assurance

decision. Legal action taken in breach of the prohibition referred to in

the decision is invalid, and the Court shall take into account non-null

the proposal; about the account holder is required to learn. To cover the debt,

that are the subject of the exercise of judicial or administrative decision, execution

or insolvency proceedings are preferably used funds

untouched by the decision. With the funds, which are

subject to the decision to ensure, in the framework of enforcement of execution

or insolvency proceedings to dispose of only with the prior consent of the President of

the Senate, and in preparatory proceedings by the public prosecutor; This does not apply if the performance

the decision is carried out, or if it is with these funds in

enforcement or insolvency proceedings are treated to the satisfaction of the claim

State.



(3) if the collateral of funds on account for the purposes of criminal

no longer need to control or security need not be equal,

body active in criminal proceedings referred to in paragraph 1 to ensure cancels or

is limited. The police authority to such a decision needs the previous

the consent of the Attorney General. The decision on the revocation or limitation of ensuring

must be delivered to the Bank and the account holder.



(4) the owner of the account, the funds in the account have been secured, the

the right at any time to request a cancellation or limitation of collateral. On such an application,

must the Prosecutor and in the proceedings before the Court the presiding judge without delay

decide. If the application is denied, the owner of the account, unless

in her new reasons, repeating until after the expiration of thirty days from the final

decision.



(5) against the decisions referred to in paragraphs 1, 3 and 4, the complaint is admissible,

has, with regard to the abolition of collateral or its limitations, the suspensory effect.



(6) how to manage secured funds on account with a bank

provides for a special legal regulation.



§ 2



Of the reasons for which you can provide funds on account with a Bank,

You can decide to ensure the funds on the account for savings

and credit cooperatives or other entities, which lead to another account,

the blocking of funds, supplementary pension insurance with State

the contribution of the blocking of funds, supplementary pension

saving, pumping the financial credit and block block financial

rent. Otherwise be used mutatis mutandis the provisions of § 79a.



§ 79c



Book-entry securities collateral



(1) if the President of the Chamber or in preliminary proceedings the State

representative to provide book-entry securities, authority or person

authorized to the management of the relevant registration under other legislation

shall ensure the right of the owner to dispose of these book-entry securities;

This right belongs to the other authorized person, shall ensure that it is that person.



(2) in cases of urgency, that can tolerate delay, to ensure

book-entry securities may decide whether or not the police. To 48

hours is required to submit its decision to the Prosecutor, who, with

it either consent or is cancelled.



(3) in its resolution on book-entry securities collateral is the fact who

book-entry securities have been secured, it disables that after notification

the resolution of the book-entry securities transferred to someone else or is

the expense, and placed him to the Authority law enforcement

decided to provide, within 15 days from the notification of the resolution said that the who

to book-entry securities has an option to purchase or other right or whether it is

in any other way restricted by the exercise of the right to dispose of them, with a warning message on the

the consequences of non-compliance of such invitation within the time limit (section 66). Authority

in criminal proceedings, which took the collateral may, depending on the nature and

the circumstances of the offence for which he is leading the prosecution, in

the decision to provide or even in the subsequent decision to ban or

also restrict the performance of other rights related packages

book-entry securities, including rights only in the future

incurred; When they ensure progresses appropriately in accordance with § .79e. Legal

the negotiations made in violation of the prohibitions referred to in the first sentence and the second is

invalid, and the Court shall take into account to the invalidity of the motion; about is

who were the book-entry securities secured, to learn.



(4) the Body active in criminal proceedings, which took the ensuring of this

the decision shall inform the persons and bodies that are aware that they have to

secured book-entry securities or any other right of first refusal or

lead management, in which he was restricted by the exercise of the right to dispose of them.



(5) on the reasons for the decision regarding the securing of dematerialised securities, the


the procedure for making a decision on the treatment of collateral secured

book-entry securities within the enforcement of a judgment, execution or

insolvency proceedings and the cancellation or limitation of collateral shall be

the provisions of § 79a shall be used.



(6) how to manage secured by book-entry securities provides

a special law.



section 79 d



Ensure real estate



(1) if the facts Indicate that the property is intended to

Commission of an offence or a criminal offence has been taken, or is

the proceeds of crime, the President of the Senate, and in preparatory proceedings

the public prosecutor or police authority may decide to provide such

real estate. The police authority to such a decision needs the previous

the consent of the Attorney General. The prior consent of the public prosecutor is not

in urgent cases, should be that they can't be in delay. Police authority

in such a case shall, within 48 hours of their decision to submit

to the Prosecutor, who either give their consent, or is canceled.

Against a decision regarding the securing of real estate is admissible a complaint.



(2) in its resolution on security over real estate, who was the real estate

ensured, it disables the notification, so that after the resolution of the property transferred to the

another, or burdening the it or that it deliberately damaging or destroying, and

He is saved, so that the authority of the law in criminal proceedings, which took the

ensure, within 15 days from the notification of the resolution said that the who has to

an option to purchase real estate or other right or whether it is in any other way restricted

exercise of the right to dispose of it, with a warning of the consequences of non-compliance of such

the invitation within the time limit (section 66). Legal action taken in violation of

the ban is invalid, and the Court shall take into account non-null

the proposal; about how it should be, to whom the property was ensured, to learn.

A copy of the resolution to ensure it shall send the authority referred to in paragraph 1 to the competent

the cadastral authority and at the same time it prompts, so that, if it finds that it is the

guaranteed real estate and usage in a way that threatens to thwart or impede

the purpose of the latter, he announced without delay. State

the representative of the competent authority will send a copy of the decision on the cadastral

seizure of property referred to in paragraph 1.



(3) the President of the Senate and in preliminary proceedings, the Prosecutor or with his

the consent of the police authority shall, if necessary, inspection

property and its accessories; about the time and place of inspection, shall inform the

It was provided, or a person who lives with him in the

a common household, and also the person that is known to the real estate

rights. The one to whom the property was provided, or a person living with him in the

common household and person is known to have on real estate

the law, they are required to explore the property and its accessories

allow.



(4) the Body active in criminal proceedings, which took the ensuring of this

the decision shall inform the persons and bodies that are aware that they have to

real estate secured an option to purchase, lease or other right or lead

a procedure in which he was limited by the exercise of the right to dispose of it; further about him

shall inform the tax authority and the local authority in whose area the secured

the property is situated. If the decision of the President of the Chamber, to secure a property

a final resolution on ensuring the property shall be posted on the official notice board

the Court, in preliminary proceedings, the Commission shall publish in an appropriate fashion to the competent

the Prosecutor's Office. On the legal force of this resolution shall inform the

body active in criminal proceedings, which took the guarantee referred to in paragraph

1, the appropriate land registry office.



(5) the registration of the ownership or other rights in the secured property in

the basis of a legal act by which the one to whom the property was ensured,

disposes of the property, the land may be appropriate after notification

the authority referred to in paragraph 2 only with the prior consent of the authority which

decided to provide pursuant to paragraph 1. If according to the land registry law

an application for registration of rights to real estate in the land register on

the basis of the legal action, which one is the real estate

ensured, disposes of the property, before issuing a resolution on the

providing the there was a competent authority of RES

decided, loses its legal effects of the proposal submitted at the date of acquisition of legal

can a resolution on its collateral.



(6) the rights of third parties to secured property can be brought according to the

a special legal regulation. Real estate can be assured within the

enforcement of a judgment, execution or insolvency proceedings are handled after

prior consent of the pre-trial judge and the public prosecutor; It

does not apply, if the enforcement is carried out or if it is with such

real estate in enforcement or insolvency proceedings and usage to meet

the claims of the State.



(7) if the collateral of real estate for the purpose of criminal proceedings is no longer

necessary or are not required to secure a property in the specified range,

body active in criminal proceedings referred to in paragraph 1 to ensure cancels or

is limited. The police authority to such a decision needs the previous

the consent of the Attorney General. The decision on the revocation or limitation

ensure the complaint is admissible, which shall have suspensive effect.



(8) a person to whom the property was ensured, has the right at any time to apply for

cancellation or limitation of collateral. Such application shall state the representative and

in the proceedings before the Court the President of the Senate shall immediately make a decision. If it was

application is rejected, you may be given repeatedly, if the new

the reasons until after the expiration of 30 days from the decision. Against this

the decision is admissible a complaint.



(9) the procedure for managing the real estate secured lays down specific legal

prescription.



§ .79e



Ensure the intangible things



(1) where revision of the established facts, whereas the other intangible thing, than

that is mentioned in section 78 to 79c, is intended to commit a crime

or to the criminal offence was taken, or is the proceeds of crime,

the President of the Senate and in preliminary proceedings, the Prosecutor or

Police Authority may decide to provide such intangible things. Police

authority for such a decision needs the prior consent of the State

representative. The prior consent of the Prosecutor need not be in

urgent cases that they can't be in delay. The police authority is in

such a case shall, within 48 hours of its decision to submit a

the representatives, who either give their consent, or is canceled. Against the

a decision regarding the securing of intangible things is admissible a complaint.



(2) in its resolution on ensuring the intangible things, who was the intangible

thing assured disables her after the notification of the resolution transferred to another

or the expense. If it is necessary for the purposes of ensuring, in the resolution of

to provide the intangible things, or even in an additional resolution to prohibit or

also restrict the performance of other rights associated with intangible

things, including rights only in the hereafter. Legal act

made in violation of the prohibitions referred to in the first sentence and the second is

invalid, and the Court shall take into account to the invalidity of the motion; about is

Maybe it was the intangible thing, learn.



(3) whoever was intangible thing provided will be referred to the authority

law enforcement officials, who decided to provide, within 15 days from the

the notice said that the resolution and the intangible things, who has an option to purchase or

other right or whether it is in any other way restricted by the exercise of the right to dispose of it,

and if it was to ensure the right of property, also who is the person liable

provide adequate performance, with a warning of the consequences of non-compliance of

such invitation within the time limit (section 66). In the resolution, the one who was

the intangible thing, also to ensure prompt release of all documents whose

the submission is required to redeem a particular secured rights to intangible

things, pointing out the consequences of non-compliance of such challenge within the prescribed

time limit (section 66 and 79). These instruments are sepíší and folds into custody authority

law enforcement agency that decided.



(4) the Body active in criminal proceedings, which took the ensuring of this

the decision shall inform the persons and bodies that are aware that they have to

intangible things secured an option to purchase or other right or lead management, in

which limit the exercise of the right to dispose of it. Resolution on ensuring

shall also notify the person who has to provide adequate performance, and saves him,

to provide the subject of performance into its custody or to other designated by it

instead. The composition of the subject of performance for safekeeping or to other designated place

the debtor their commitment in the range of the service provided. Resolution on the

ensure the intangible things, the debtor shall be notified before whoever was

intangible thing to ensure, if the debtor is unknown. Resolution on ensuring market share

in the business Corporation also shall be notified of the business corporation.



(5) the Body active in criminal proceedings, which took the ensuring of this

the decision shall inform the authority without delay, which according to other legal

law keeps records of intangible things that was assured, and at the same time

It asks that, if it finds that is assured non-material things


handled in a way that threatens to jeopardise the purpose of nullifying or ensure him

This fact without delay, he said.



(6) if the transfer or the establishment of a secured rights to intangible things

required to write to the registers kept under special legislation, can be

After the completion of the notification referred to in paragraph 4, such registration only with

the prior consent of the authority which the guarantee referred to in paragraph 1

decided to. With assured non-material things can be in the context of the enforcement of decisions,

execution or insolvency proceedings are handled after previous agreement

the President of the Senate and in preliminary proceedings the State Prosecutor; This does not apply,

If the enforcement is carried out or if it is with such intangible things in

enforcement or insolvency proceedings are treated to the satisfaction of the claim

State.



(7) the rights of third parties to secured intangible things can be brought according to the

a special legal regulation.



(8) The revocation or limitation of ensuring the intangible things used shall apply mutatis mutandis to section

79 d of paragraph 1. 7 and 8.



(9) how to manage intangible things secured lays down specific legal

prescription.



section 79e



Ensure the replacement values



(1) If you cannot reach the issue or withdrawal of a case (section 78 and 79), or

impossible to ensure the funds on the account (§ 79a and 2), book-entry

Securities (section 79c), real estate (section 79 d) or intangible thing (§ .79e)

which are intended for committing a crime or a criminal offence have been

used, or are the proceeds of criminal activity, it may be instead

guaranteed replacement value, which corresponds to, even if only in part, their

the value; in doing so, proceed by analogy with the relevant provisions of the

governing their release, withdrawal or seizure (section 78 to .79e).



(2) the Court may, for important reasons and in preliminary proceedings, the Prosecutor

allow the person to whom the proposal was assured, the implementation of replacement value

the Act, which applies to secured the replacement values. Against such a

the decision is admissible a complaint which shall have suspensive effect.



§ 79 grams



The reason of ensuring things can change in the course of criminal proceedings, the decision

against which the complaint is admissible.



Management of return and other things



§ 80



(1) if it is not a matter which was referred to in § 78 issued under section 79 or withdrawn,

for further proceedings to be had and does not come into consideration its forfeiture or

prevents the return to the person who issued it or who was withdrawn. If, on the

it applies the right person other issues to which the law on the matter is not

no doubt. When in doubt, the thing stores into custody and the person on the

the matter shall be entitled to notify that it applied in the proceedings

civil. If the person who has the thing right, it

a recurring challenge of the cheque, the thing sold and the amount drawn down for it

is placed in the custody of the Court. The sale is to be used, mutatis mutandis, the provisions of the

judicial sale of seized movable assets.



(2) if there is a risk that the thing that could not be returned or released

referred to in paragraph 1, the spoils, it sells and the amount drawn down for it is saved in the

custody of the Court. The sale is to be used, mutatis mutandis, of the provisions concerning the judicial sale

seized movable assets.



(3) the decisions referred to in paragraphs 1 and 2 shall be the President of the Senate, in the preparatory

the management of the public prosecutor or police authority. The decision on the return of the

and the release of things, as well as imposing a deposit, is admissible a complaint that

shall have suspensive effect.



§ 81



(1) where the accused was released or repatriated from the thing that you won

or is likely to get a criminal offence and is not known to either the thing

belongs to, or stay is not known publicly, will announce the description of things.

Publication shall be made in the manner most conducive to the discovery of the injured party, and

This, together with the invitation to the damaged signed up within six months of

publication.



(2) if within the time limit referred to in paragraph 1 shall be entitled to a thing someone else

than the accused, proceed in accordance with § 80 para. 1. If a claim for thing

No one else has refrained, the thing, if he or she has to risk

Doom has already sold, the amount it had been withheld at his request, the accused person if

It is not a thing you gained a criminal act. If it is a thing

the accused received a criminal offence, or if the accused did not ask for a refund

Affairs and the right to a thing someone else has not exercised within six months after the

expiry of the period referred to in paragraph 1, second sentence, it seems the thing to

owned by the State; This does not prejudice the right of the owner to demand such

of the case or the release of the amounts charged for its sale.



(3) if it is a worthless thing, it can destroy even without prior publication of a

the description.



(4) the measures and decisions referred to in paragraphs 1 to 3 shall be the President of the

the Senate, and in preliminary proceedings, the public prosecutor or police authority.

Against the resolution on the issue of the case or of the destruction of things is admissible a complaint,

which shall have suspensive effect.



section 81a



On how to recover the funds in the account, book-entry

securities, real estate and other intangible things that were

provided in accordance with § 79a to .79e and handling, as well as on the

How to undo the replacement values, which was provided under section 79e,

and the handling of her will, mutatis mutandis, to section 80 and 81.



§ op.81B



(1) if the issued or revoked thing that endangers the safety of humans or

property, in particular narcotic, psychotropic substance, product containing

a narcotic or psychotropic substance, precursor, poison or radioactive

the material from which it was derived, an adequate sample, and that sort of thing is no longer

should be for the purpose of the taking of evidence, especially if there are doubts as to the

the identity of the sample things and its a whole and on the total quantities of things may

the President of the Senate and in preliminary proceedings, the Prosecutor may decide to

its destruction in the course of criminal proceedings, if such things already

There is no need for further proceedings and if you cannot return it under section 80, or not

known, to whom such a thing belongs to, or is not known to stay broken.



(2) if it was issued or withdrawn specimen plant or animal,

the regulated product or of seal fur, or other individual, which can be

to detain for the purposes of their confiscation in accordance with the law on trafficking in

endangered species, especially protected species or individual plants or

animal or wild bird, that can be removed according to the law on

nature and landscape protection, and if it is not necessary for evidential purposes and

If you cannot return it under section 80, the body active in criminal proceedings, which

they have been issued, or that issued the command to their withdrawal, it is remitted to the United

inspection of the environment and ensures that they pass inspection, if

It has not taken place; This is to ensure that closed.



(3) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



THE FIFTH SECTION



Household and personal tour, a tour of other premises and land access

in dwelling, other premises and land



§ 82



The reasons for house searches and personal tours and tours of other premises

and land



(1) the search warrant may be executed, if there is reason to suspect that in the apartment

or in another confined space for housing or on the premises to them

belonging (dwelling) is a thing or person important for criminal proceedings.



(2) for the reasons referred to in paragraph 1 may be executed and a tour of the area

nesloužících for living (other area) and land, if not publicly

accessible.



(3) personal tour can be done, if there is reason to suspect that someone has

the important thing for criminal proceedings.



(4) the person detained, and for the person who was arrested or taken

into custody, personal tour can be done even if there is suspicion,

He has a gun or some other thing which could endanger the life or

the health of your own or someone else's.



section 83



Command search warrant



(1) order the search warrant is entitled to the President of the Senate, and in

on the proposal of the preliminary proceedings, the Prosecutor, the judge. In urgent

cases can instead of a competent President of the Chamber or a judge (para.

18) make a President of the Chamber or a judge, whose jurisdiction to be a tour

enforced. Command search warrant must be issued in writing and shall be

justified. The person shall, in respect of which the tour takes place during the inspection, and

If this is not possible, no later than 24 hours after the disappearance of obstacles, which

preventing delivery.



(2) The President of the command of the Chamber or a judge executes search warrant

the police authority.



§ 83a



Search warrant other premises and land



(1) of the regulation and the other premises and plots

Similarly, § 83 para. used 1 and 2.



(2) without the police authority can carry out other space

or land, if the issue cannot be achieved and the thing

does not tolerate delay. The police, however, is obliged to immediately

Additionally seek the agreement of the authority authorized to issue the order; in

preliminary proceedings through the public prosecutor does. If

the competent authorities shall not grant any additional consent, cannot be the result of guided tours

use in other proceedings as evidence.



(3) without the police authority can carry out other space

or land even if the user of the affected premises and land

declares in writing that the tour agrees, and its declaration passes


the police authority. This Act, however, the police authority must, without delay,

notify the President of the Senate authorized to issue the order and in the preparatory

control of the public prosecutor.



section 83b



The order for the personal search



(1) order a personal tour is entitled to President of the Senate and in the preparatory

the management of the public prosecutor or police authority with his consent.



(2) fails to make a personal inspection of the body that ordered it, it executes the

his statement to the police.



(3) personal tour always of the same sex shall be exercised by the person.



(4) No order or consent referred to in paragraph 1, the police

authority to exercise personal inspection only if the command or

consent in advance cannot be achieved and the matter urgent, or if

as for the person přistiženou in the Act, or of the person to whom it was issued

the order to arrest. Without a command, or you can also make personal consent

tour in the cases referred to in § 82 para. 4.



§ 83 c



Entry to dwellings, other premises and land



(1) a police authority may enter the dwelling or other premises or at

land only if the thing does not tolerate delay and input there is necessary

for the protection of life or health or for the protection of other rights and

freedoms or to avert a serious threat to public security and

all right.



(2) a police authority may, at the places referred to in paragraph 1 enter

the case that a person in them,



and for which he was issued) command to detention, arrest or command to the command

to delivery to imprisonment or to the performance of the protective

measures involving deprivation of liberty,



(b)) to be showcased for the purposes of criminal proceedings, or



(c)) to be detained.



(3) after entering the space above must not be made to any other

such acts, which are used to remove the urgent danger or to

demonstration of the people.



§ 84



The previous interrogation



To execute a search warrant or a personal tour or a tour of the other

space and land can be only after the previous questioning, to whom or on

com to do such an Act, and that's only if the hearing

has not yet reached even the voluntary release of search things or delete another

the reason that led to this operation. The previous interrogation is not necessary

If the thing does not tolerate delay, and interrogation cannot be performed immediately.



Performance tours and entrances to homes, other premises and land



§ 85



the title launched



(1) the Authority executing the search warrant or explore other spaces

is obliged to allow the person which such an act takes place, or any

an adult member of her household, or in the case of inspection of other premises

its employees also participate in the tour. On the right of participation in

the search warrant is obliged to instruct these persons.



(2) for the performance of the domestic and personal tours it is necessary to put the person who

is not involved in the case. Authority responsible for the inspection proves its

permissions.



(3) the inspection should also be noted that compliance with the

the provisions of the previous questioning, where appropriate, indicate the reasons why the

has not been complied with. If, on inspection, to the issue or withdrawal of the case, it is

should be examined also in the protocol information provided in § 79 paragraph 2. 5.



(4) the person with whom the inspection carried out, the authority that such

the act done, immediately, and if this is not possible, within 24 hours after

written confirmation of the result of the Act, as well as about taking things that were

in doing so, issued or withdrawn, or a copy of the log.



(5) upon entry into dwellings, other premises and land provisions shall be

paragraphs 1 to 4 apply mutatis mutandis. The participation of the persons referred to in paragraph 1 when the input

However, homes can be denied and the person referred to in paragraph 2, nepřibrat,

When could endanger her life or health.



§ 85a



(1) the person, in which the dwelling is to be performed, a tour of the other

space and land, a personal tour or entry into private homes, is required to

These acts.



(2) does not allow to the person against whom the Act aims referred to in paragraph 1,

such an Act, are the bodies carrying out the Act entitled to after

previous fruitless challenge to overcome the resistance of such a person, or created

the obstacle. About will make the entry in the log (section 85 (3)).



section 85b



the title launched



(1) when carrying out house searches or examinations of other premises, in

which the lawyer performs legal profession, if there may be documents,

that contain fact, covered by the obligation of professional secrecy

the lawyer, is the authority conducting the Act obliged to request assistance in the Czech

Bar Association (hereinafter referred to as the "Chamber"); the authority conducting the operation is

entitled to acquaint themselves with the contents of these documents only in the presence and with the

representative of the Chamber of Commerce, which the President of the Chamber shall appoint, from among the

its employees or from the ranks of lawyers. The opinion of the representative of the Chamber of Commerce is

should be stated in the Protocol pursuant to § 85 para. 3.



(2) If a representative of the Chamber of consent under paragraph 1 must

be an instrument for the participation of the authority in carrying out the action, a lawyer and representative of the

The Chamber secured so that no one could have with their content,

where appropriate, is to destroy or damage; immediately thereafter must be

the Charter passed by the Chamber. The Chamber returns the lawyer

without delay after the vain expiry of the period for filing the proposal referred to in paragraph

5. the Chamber shall proceed mutatis mutandis, if the proposal was rejected, and even on the

some of the instruments; in this case, the Chamber returns to the lawyer only you

of the Charter, which refers to the rejection of the application. The Chamber returns to the lawyer

of the Charter without delay whether or not after he was informed of the procedure referred to in

of paragraph 6.



(3) in the case referred to in paragraph 2, the first sentence can be the consent of the representative of the

Replace the Chamber design authority, which the House tour or tour

other space ordered by decision of a judge of the superior court, the closest

in which the President of the Senate acts or the judge who is authorized under section

83 para. 1 and § 83a para. 1 order the House tour or tour

the other premises. In the case of inspection of other premises made by the police

authority pursuant to § 83a para. 2 or 3 serves a proposal under the first sentence

the President of the Senate authorized to issue the order and in preliminary proceedings the State

representative.



(4) the proposal must, in addition to the General requirements (section 59 (4)) contain

the marking of an instrument in respect of which the applicant seeks replacement

the consent of the representative of the Comoros to familiarize yourself with their content, and presentation

facts showing why the Chamber of representatives to the opposition

Overview of the authority performing the Act with the content of these documents is to be

replaced by decision of a judge referred to in paragraph 3. The proposal should be

join the Protocol, in which is recorded the opposition of representative Chamber with

to the authority conducting the operation containing documents.



(5) the proposal must be made within 15 days from the date on which the representative of Chamber of Commerce refused to

give consent to familiarize yourself with the contents of the documents in respect of which the

the applicant under paragraph 4 seeks to replace the consent of the representative of the Chamber of Commerce

to familiarize yourself with their content.



(6) to a design that does not contain all the particulars or that is

unintelligible or indeterminate, judge; the provision of section 59 paragraph 1.

4 third and fourth sentence shall not apply. Similarly, the judge shall proceed to

the proposal filed late or if it was filed by someone who is not to design

authorized. About this procedure shall inform the claimant without delay, and judge

Chamber.



(7) if the judge had not proceeded in accordance with paragraph 6, will be resolved without undue

delay in the public meetings and the Chamber to him when it

submit a Charter, in respect of which the applicant seeks replacement

the consent of the representative of the Chamber of Commerce to become familiar with their content. The judge next to

other acts also will examine whether the security was not breached documents

submitted by the Chamber of Commerce, and get acquainted with their contents; at the same time make

measures to ensure that the applicant and nor anyone else on the content of documents in

the public session was unable to learn.



(8) If an adjournment of the public session, the judge of the Charter secures the

so that with their content no one could meet, where appropriate, is to destroy the

or damage.



(9) the judge, if there is a conclusion that the Charter does not contain

the fact that the lawyer concerned is obliged to maintain confidentiality;

otherwise, the proposal will be rejected.



(10) if the judge accepts the proposal, at least in part, it shall transmit without delay after

legal force of the Charter, resolutions for which it has been replaced with the consent of the

the representative of the Comoros to becoming familiar with their content, authority to the implementing

operation and saves him, he returned to the Chamber as soon as soon as their

the contents of the familiar; This does not apply to such of the Charter is to be used as a

evidence in criminal proceedings. Of the Charter, in respect of which the proposal was rejected,

judge returns without delay after the final resolution of the Chamber.



(11) in the case of the Charter, it is not possible to turn over authority to the implementing

Act Chamber or their representatives personally, shall no later than the first

working day following the date on which the resolution has become final,

the authority performing the Act or through judicial Chamber

the postman or the organs of the judicial guard.



(12) the Charter in paragraphs 1 to 11 shall mean the document, or both

part of it, as well as other information.



§ 85 c



Implementation of the evidence in the apartment, dwellings, other premises and on the land




The provisions of § 83, 84, 85, 83a, 85a and 85b shall be used even if the

the places referred to in these provisions you need to perform the reconstruction,

rekognici, the screening process in place or investigating the nature of such an attempt, the

the Act is clear that it cannot be made anywhere else and the one who has such a

the Act, consent to it.



THE SIXTH SECTION



Detention and opening the mail, their confusion and monitoring



§ 86



The detention of shipments



(1) if in order to clarify the facts important for criminal proceedings in

specific things necessary to determine the contents of the undelivered postal items,

other packages or telegrams, the President of the Chamber, and in the preparatory

the management of the public prosecutor, to the post office or the person performing their

carriage issued by him and in preliminary proceedings, either to the Prosecutor or

the police authority.



(2) without the regulation referred to in paragraph 1 may be a parcel delivery

withheld on the orders of the police authority, if the thing does not tolerate delay, and

Regulation cannot be achieved. The police authority is obliged to hold

shipments within 24 hours, inform the public prosecutor. If the post office does not receive or

the person performing the transport of consignments in this case within three days of the regulation

referred to in paragraph 1, shall not transport consignments further delay.



§ 87



Open consignment



(1) the consignment issued pursuant to § 86 para. 1 can only be opened by the President of the Senate

and in preliminary proceedings with the consent of the judge, the Prosecutor or

the police authority.



(2) The consignment shall deliver to the addressee, and it is not known if his stay and

If the consignment is not designed into their own hands, one of his family

Members; otherwise, the consignment returns to the sender. If, however, a concern that the

submitting the shipment could be thwarting or substantial disfigurement

the purpose of a criminal prosecution, the consignment of the file; If appropriate, the

the content of the letter or telegram to the addressee. If his stay

I know and if the consignment is not designed into their own hands, the notification

one of the members of his family.



(3) the shipment, which was not considered necessary to open, immediately

to the addressee or returned to the post office or to the person who issued it.



§ 87a



Replacement shipments



(1) in order to determine the persons involved in the loading of the consignment

containing narcotic substances, psychotropic substances, precursors, poisons,

radioactive material, counterfeit currency and counterfeit securities, firearms

or collectively effective weapons, ammunition and explosives or other thing to

whose possession is to be a special permit, things intended to commit

offence, or things from the criminal act, the President may

the Senate, and in preparatory proceedings with the consent of the judge, the State Prosecutor

order that the content has been mistaken for other such mailings and adjusted

the consignment has been passed to the next carriage.



(2) a police authority performs a Substitution, who draws up a record and

shall ensure the safekeeping of swapped goods and materials. The zaměněnými are

treated as things, odňatými.



§ 87b



Tracked shipment



(1) the Prosecutor may, in the preliminary proceedings, order delivery

which is a reason to suspect that contains the things referred to in § 87a, was

monitored, if it is necessary to clarify the offence or

revealing all of its perpetrators and determine the necessary facts to other

in a way, it would be ineffective or substantially difficult. Shipment tracking

According to the instruction of the public prosecutor of police authority; in relation to persons

which are monitored while handling the consignment does not perform any acts

pointing to the issue or withdrawal of things. Tracking progress with the

report, and if necessary also shoots video or other

record.



(2) No order under paragraph 1 may the police authority to begin tracking

the shipment, if the thing does not tolerate delay and command cannot be achieved.

About this action the State Attorney shall inform without delay and proceed further

According to his instructions.



(3) tracking police authority terminates the command State

the representative, and it is clear that the disposal of the consignment shall be incurred serious

danger to life or health, considerable damage to property, or if there is a

a serious danger that such shipment will not be able to track, even without

such an order. At the same time as needed with the end of the package tracking

take action against further holding things, which make up the content

the consignment.



§ 87 c



Common provisions



Shipment within the meaning of § 86-87 c means an article carried by any

in a way, whether with the use of mail or any other person, including transport

a concealed way.



THE SEVENTH SECTION



Interception and recording of telecommunications



§ 88



(1) If criminal proceedings for a crime for which the law provides for the

a custodial sentence of a maximum criminal at least eight years, for

the crime plots in insolvency proceedings under section 226 of the criminal

code, violation of the rules on competition rules under section

paragraph 248. 1 (b). (e)) and paragraph 2. 2-4 of the criminal code, the negotiation of benefits

When the award of the contract, when the public competition and auction, according to the

section 256 of the criminal code, the plots in the award of public contracts and

public competition pursuant to section 257 of the criminal code, the public schemes

auction under section 258 of the criminal code, the abuse of power of a public official

under section 329 of the Penal Code or for another an intentional criminal act, to

the prosecution agrees to a renowned international treaty may be issued

command to the interception and recording of telecommunications if it can be

reasonably be expected to be obtained significant fact for

criminal proceedings and if you cannot reference the purpose achieved or

If it would otherwise reach substantially difficult. Interception and recording of

Telecommunications made for the needs of all bodies active in the

criminal proceedings, police of the Czech Republic. The implementation of interception and recording

telecommunications between the advocate and the accused is not permitted.

If it finds a police authority during the interception and recording of telecommunications

the operation, that the accused and his defence counsel communicating, is obliged to record

interception and immediately destroy the information that is in this context

learn not to use in any way. Protocol for inclusion in the record of the destruction of the file.



(2) order the interception and recording of telecommunications is authorised to

the President of the Senate, and in preparatory proceedings upon a proposal of the public prosecutor

judge. Command to the interception and recording of telecommunications must

be issued in writing and shall be justified, including the specific reference to

renowned international contract in case that leads to criminal proceedings for

an intentional criminal act, whose prosecution of this international agreement commits.

In order for the interception and recording of telecommunications must be

fixed user address or device and the person of the user if the

her identity known, and time when the interception and recording of

telecommunications is carried out, which may not be longer than four

of the month; in the justification must be given for specific facts,

that release of this statement, including its duration, justify.

Command to the interception and recording of telecommunications shall immediately

deliver to the police authority. In preliminary proceedings, a copy of the statement to

interception and recording of telecommunications shall send without delay to the judge

the public prosecutor.



(3) the police authority is obliged to continuously evaluate whether to continue

There are grounds, which led to the issuing of the order to wiretap and record

of telecommunications. If reasons have ceased to apply, it shall call interception

and recording of telecommunications to terminate immediately, even before the end of

the period referred to in paragraph 2. This fact without delay, in writing, notify the

the presiding judge, that an order to wiretap and record

telecommunications and also in preliminary proceedings the State

prosecutors and judges.



(4) based on the evaluation of the present course of the wiretap and record

telecommunications can judge of a higher court, and in

on the proposal of the preliminary proceedings, the Prosecutor, the judge of the regional court

the duration of the interception and recording of telecommunications to extend,

and even repeatedly, always for a maximum period of four months.



(5) No order for the interception and recording of telecommunications may

body active in criminal proceedings to order the interception and recording of

telecommunications, or to perform it himself, if the criminal

proceedings for the crime of trafficking in human beings (section 168 of the Criminal Code),

the child to another (article 169 of the Criminal Code), limiting the

personal freedom (section 171 of the Criminal Code), extortion (article 175 of the criminal

Code), child abduction and a person in a mental disorder (§ 200

of the Criminal Code), violence against a group of inhabitants and against individuals

(§ 352 of the Penal Code), malicious threats (section 353 of the criminal

Code) or stalking (section 354 of the Penal Code),

If the user station phone tapped or something agrees.



(6) if it is to be a record of telecommunications used as evidence, it is

need to connect to the Protocol, including the data concerning the place, time, manner

and the content of the record, as well as carried out by the authority which issued the alert.


Other records of the police authority is obliged to indicate keep reliably

so, in order to ensure protection against unauthorized misuse of records, and

in the file-based log noted, where they are stored. In another

the criminal case, than the one in which the interception and recording of telecommunications

operation is executed, the record can be used as evidence if it is in this

things conducted the prosecution of an offence referred to in paragraph 1, or

with the consent of the user station phone tapped or something.



(7) if the interception and recording of telecommunications have not been

matter relevant to criminal proceedings, the police authority, after

the consent of the Court and, in preliminary proceedings, the Prosecutor shall record

immediately destroy three years after a final end of things.

If the police authority is informed of the submission of extraordinary appeal

resource in due time, will destroy the records of the interception after the decision to

an extraordinary appeal, possibly after the new final

the end of things. Protocol on the destruction of the wiretap sends police record

authority of the public prosecutor, whose decision was final

completed, and in the proceedings before the Court of first instance, the presiding judge, to

insertion on the file.



(8) the public prosecutor or police authority, whose decision was

been completed, and in the proceedings before the Court the presiding judge of the Court of

the first instance after a final end of things, nařízeném

interception and recording of telecommunications person referred to in

paragraph 2, if it is known. The information contains the designation of the Court which

issued a warrant for the interception and recording of telecommunications, the length of the

the duration of the interception and the date of its termination. Part of the information is the lesson

on the law within six months from the date of delivery of this information

The Supreme Court to review the legality of the order to wiretap and

recording of telecommunications. The President of the Senate of the Court of first instance

the information shall, without delay after a final end of things, the State

representative whose decision the matter was finally completed, immediately

After the expiry of the period for review of the decisions of the highest State

representative under section 174a and police authority, whose decision was

been completed, immediately after the expiry of the deadline for the review of its

the decision by the Prosecutor under section 174 para. 2 (a). (e)).



(9) the information referred to in paragraph 8 of the President of the Chamber, the Prosecutor or

the absence of the police authority in proceedings relating to the crime for which the law stipulates a prison

the deprivation of liberty of a maximum of criminal at least eight years of protest

organised by the group, in proceedings concerning an offence of protest in favour of

organized criminal groups, in proceedings for the offence of participation in

organised criminal group (Section 361 of the Criminal Code), or if

the offence involved more people and in respect of at least the

one of them was not criminal proceedings have so far been completed, or

If it is against the person to whom the information is to be disclosed, the criminal

control, or if the provision of such information could be thwarted by the

the purpose of criminal proceedings, including proceedings referred to in paragraph 6, or by

There may be a threat to State security, life, health, rights and freedoms

persons.



section 88a



(1) if it is necessary for the purposes of criminal proceedings instituted for an intentional criminal

offence for which the law stipulates a prison sentence of a maximum of

criminal rates of at least three years for the crime of violation of secrets

transported messages (section 182 of the Criminal Code), for the crime of fraud

(article 209 of the Criminal Code), for the criminal offence of unauthorized access to

the computer system and the information medium (section 230 of the Criminal Code), for

crime measures and storage access device and password to

the computer system, and other such data (section 231 of the Criminal Code),

for the crime of malicious threats (Article 353 of the Penal Code),

for the crime of stalking (section 354 of the Penal Code),

for the crime of spreading alarm messages (section 357 of the Criminal Code), for

the offence of incitement to a criminal offence (article 364 of the Criminal Code),

for the crime of condoning a crime (section 365 of the Criminal Code),

or for an intentional criminal offence, to which the prosecution agrees to a renowned

the international treaty, which the Czech Republic is bound, check the details of

telecommunications operations, which are the subject of the telecommunications

the secret, or which are covered by the protection of personal and intermediary

data and reference purpose cannot be achieved otherwise or if it would otherwise

achieve substantially aggravated, in the proceedings before the Court of their

the release of the President of the Senate and the Court in preliminary proceedings, order their release

the State Prosecutor or the police authority of the judge on the proposal of the State

representative. Command to determine the data on telecommunications traffic must be

issued in writing and substantiated, including a specific reference to the renowned

international agreement in the case that leads to criminal proceedings for the criminal

the Act, whose prosecution of this international agreement commits. If

a request to a particular user, the command must be in the

the identity, if known.



(2) the public prosecutor or police authority, whose decision was

been completed, and in the proceedings before the Court the presiding judge of the Court of

of first instance after a final end of things, inform about nařízeném

collection of data on telecommunications traffic person, the user specified in the

paragraph 1, if it is known. The information contains the designation of the Court which

issued the findings of data on telecommunications traffic, and the indication of the

period to which the statement concerned. Part of the information is the lesson of

right to lodge within six months from the date of delivery of this information

The Supreme Court to review the legality of the order to determine the

data on telecommunications traffic. President of the Senate shall report to the Court information

of first instance immediately after a final end of things, the State

representative whose decision the matter was finally completed, it shall

information promptly after the expiration of the period for review of the decision of the

by the Attorney General pursuant to section 174a and police authority, whose

the decision was finally completed, it shall, without delay after information

the deadline for review of the decision of the public prosecutor in accordance with

§ 174 para. 2 (a). (e)).



(3) the information referred to in paragraph 2 of the President of the Chamber, the Prosecutor or

the absence of the police authority in proceedings relating to the crime for which the law stipulates a prison

the deprivation of liberty of a maximum of criminal at least eight years, protest

organised by the group, in proceedings concerning an offence of protest in favour of

organized criminal groups, in proceedings for the offence of participation in

organised criminal group (Section 361 of the Criminal Code), or if

the offence involved more people and in respect of at least the

one of them was not criminal proceedings have so far been completed, or

If it is against the person to whom the information is to be disclosed, the criminal

control, or if the provision of such information could be thwarted by the

the purpose of this or any other criminal proceedings, or it may cause

threat to State security, life, health, rights or freedoms of the people.



(4) the statement referred to in paragraph 1 is not necessary if to provide information can be

the consent of the user of telecommunications equipment, to which you want the data on

keeping telecommunications traffic.



THE EIGHTH SECTION



Interim measures



section 88b



(1) interim measures can only be imposed on the accused person.



(2) Provisional measures may be imposed only if the conduct of the

of the accused or of other specific facts justified

concern that will repeat the crime, for which he is prosecuted, will

the offense, which attempted to, or execute a crime that

prepared or threatened to, and yet the facts established suggest

the fact that it was an offence for which prosecution has been committed, and

It has all the characteristics of an offence are obvious reasons to suspect that

This offence was committed, the accused, and having regard to the person of the accused and

on the nature and gravity of the offence, for which he is prosecuted, not at the time

the purpose of the interim measure decision achieved by other measures,

While the imposition of the provisional measures requiring the protection of the legitimate

the interests of the injured party who is a natural person, his life, in particular

health, freedom or dignity, or interests of people close to him,

or to protect the interests of the company.



§ 88 c



Types of interim measures



A provisional measure can be saved to the accused person



and the ban on contact with a damaged), persons close to him or to other

entities, in particular the witnesses (hereinafter referred to as "ban on contact with certain persons"),



(b) enter into joint) the prohibition on dwellings inhabited by with a damaged and its

the immediate surroundings and stay in such dwellings (hereinafter referred to as "ban

the entrance to the dwelling "),



(c)) the prohibition of visits to unsuitable environment, sports, cultural and other

social events and contact with certain persons,



(d)) the prohibition time specifically specified place,



(e)) the prohibition of travel abroad,




(f) to hold and keep) the prohibition on things that can be used to commit

crime,



(g)) the prohibition to take, hold or store alcoholic beverages or other

addictive substances,



h) the prohibition of gambling, playing on the slot machines and bets (hereinafter referred to as

"the ban on betting and gaming"), or



I specifically defined performance) prohibiting activities whose nature allows

recurrence or continuation in criminal activities (hereinafter referred to as "the prohibition of the performance of

specifically defined activities ").



section 88 d



The ban on contact with certain persons



(1) the prohibition on contact with certain persons is the inadmissibility of any

to contact or search a damaged, people close to him or other

people, in particular, the witnesses, even through a network of electronic

communications, or other equivalent means.



(2) important reasons to allow meetings of the accused with the victim

a person close to him or to another person. The meeting will be held for

the presence of law enforcement authority, which at the time of the meeting results

proceedings, or on the basis of his credentials in the presence of probation

official. The meeting ends without delay, if in the course of

circumstances which prevents its continuation, in particular if the accused raises in

damaged, the person close to him or to another person a reasonable fear of

the implementation of the actions referred to in section 88b of paragraph 1. 2, or attempts to affect the

their testimony.



section 88e



The prohibition of entry into the dwelling



(1) the prohibition on entry into the dwelling is the inadmissibility of the entry of the accused

in the common dwellings inhabited by with a damaged and its immediate

around, and the inadmissibility of the delay in such dwellings.



(2) the decision on the prohibition of the entry into the dwelling with the accused person disables

to enter the dwelling and its immediate surroundings and vicinity

of the dwelling. The decision must in addition to the General requirements (§ 134 para. 1 and 2)

also include the name and surname of the accused, the exact designation of the dwelling and

definition of its immediate environment and guidance on rights and responsibilities

the accused, including lessons about the consequences of failure to comply with the obligations referred to in

paragraph 4 (i) of the consequences of non-compliance with imposed interim measures.



(3) if the accused person used by reporting against another legal

Regulation, in the decision to give the ban on entry into the dwelling shall indicate that the

the prohibition of entry into the dwelling starts up the first day following the end of

performance reporting under other legislation. Reasons for voicing

the prohibition of entry into the dwelling is differently compared to as reported by another legal

Regulation shall be considered separately.



(4) the accused, after notification of the decision referred to in paragraph 2 shall

leave immediately to the dwelling and its immediate environs in the range

as defined in the resolutions, and refrain from entering those areas.



(5) the accused, after notification of the decision referred to in paragraph 2 shall be entitled to

take your things before leaving the dwelling used his personal use, personal

valuables and personal papers.



(6) the important reasons to allow the accused to take over the duration

the prohibition of entry into the dwelling of the things necessary for business or for

practice of the profession. Regarding the presence of authority participating in criminal proceedings

applies to section 88 d of paragraph 1. 2 accordingly.



§ 88f



The ban on visits to unsuitable environment, sports, cultural and other

social events and contact with certain persons



The decision to ban visits to unsuitable environment, sports,

cultural and other social events and contact with certain persons must

In addition to the General requirements (§ 134 para. 1 and 2) contain an accurate

the definition of persons, premises or place to which the prohibition applies, as well as

lessons about the consequences of non-compliance with imposed interim measures.



§ 88 g



Ban time specifically specified place



(1) the decision on the prohibition of the time specifically specified place must

In addition to the General requirements (§ 134 para. 1 and 2) contain an accurate

the definition of a specific place, in which the accused shall not delay;

the provisions of § 88e para. 2 shall apply mutatis mutandis.



(2) the accused person may be important reasons, allow for a specified

time he was kept in a place covered by the prohibition in paragraph

1.



§ 88h



A ban on travel abroad



(1) the prohibition to go abroad is to give the inadmissibility

to travel beyond the borders of the United States.



(2) the procedure for the imposition of a ban On travel abroad, the provisions

§ 77a paragraph 1. 1 to 3, 5 and 6 are used appropriately.



§ 88i



The ban on hold and kept the things that may be used to commit criminal

the activities of the



The ban on hold and kept the things that may be used to commit criminal

activities, decide, if such a thing is by its nature or

the observed circumstances can be determined to perpetrate crime and

at the same time is given by the fear of impending recurrence or continuation in such

crime, from the dokonání of the crime of which the accused

tried to, or of an offence that was preparing or

threatened.



section 88j



Prohibition of the use, hold or store alcoholic beverages or other

addictive substances



Prohibition of the use, hold or store alcoholic beverages or other

the addictive substance is said, was if the offence for which the accused is

prosecuted, committed in connection with the consumption of alcoholic beverages or

the use of other addictive substances and at the same time is given by the fear of impending

recurrence or continuation in such criminal activities, from dokonání

the offence of which the accused tried to, or committing a

the crime, which he prepared or threatened to.



§ 88 k



The ban on betting and gaming



The ban on betting and gaming are spoken relates to games of chance, betting or gaming

on the licenced with the crime of the accused.



§ 88l



The prohibition of the performance of activities specifically defined



(1) prohibition of the exercise of the said activities, as defined in particular, if the

the performance of the activities, for which you need special permission, authorization, or

whose power governs the other legislation, crime

of the accused, and at the same time is given by the fear that another performance of this activity

There is a risk of recurrence or continuation in such criminal activities, from dokonání

the offence of which the accused tried to, or committing a

the crime, which he prepared or threatened to.



(2) important reasons can be specifically defined activities on performance

limited period of time to allow.



§ 88 m



Interim measures



(1) decision on interim measures must also be justified by the

by the circumstances.



(2) imposing provisional measures prohibiting contact with certain persons,

the prohibition to hold and store things that can be used to commit criminal

activities, the prohibition of the use, hold or store alcoholic beverages or

other addictive substances and the ban on betting and gaming is decided by the President of the Chamber, and in

the preliminary proceedings, the Prosecutor.



(3) imposing other interim measures shall be decided by the President of the Senate

and in preliminary proceedings, on a proposal from the Prosecutor, the judge.



(4) in the cases referred to in section 88 d of paragraph 1. 2, § 88 g of paragraph 1. 2 and § 88l para.

2 shall decide according to the nature of the saved an interim measure President of Chamber

and, in preliminary proceedings, the public prosecutor or at the request of the public prosecutor

judge.



(5) a decision imposing a ban on contact with the parents of the accused

the child, you must immediately inform the authority of the social and legal protection

children. In the case that the decision will allow meeting the accused parents with

the child, President of the Chamber or in the preliminary proceedings, the Prosecutor

shall inform in due time the social-legal protection of children, in order to meeting

to participate in.



(6) when storing the provisional measures shall take into account body active in criminal

the management of the measures, which have already been imposed on the accused person and the another

legal regulation.



(7) the decisions referred to in paragraphs 2 to 4 of the complaint is admissible.



§ 88n



The duration of the provisional measures



(1) interim measures it takes, as long as it requires its purpose, but no longer than

in the judgment or decision by which the proceedings are terminated.



(2) where it is shown that the enforcement of an interim measure is impossible or its

the performance of the accused cannot be reasonably required or interim measures

is not strictly necessary in the originally specified range, decide on its

cancellation or change according to the nature of interim measures imposed President

the Senate, and in preliminary proceedings, the Prosecutor or at the request of the State

a representative of the judge. It may also decide to impose another preliminary

the measure, if it is according to the nature of the case and the circumstances of the case the necessary and

the conditions are met for his store.



(3) the accused has the right to ask for a cancellation of interim measures. About

such a request, the President of the Senate or in preliminary proceedings the State

representative decide without undue delay. If the application is rejected,

the accused may, unless new reasons, repeat after

three months after the decision.



(4) the decisions referred to in paragraphs 2 and 3 shall be admissible complaint.

The sufferer has the right to lodge a complaint only against decisions on interim

measures under section 88 d and 88e. Only complaint has suspensive effect


the public prosecutor and the injured party against the decision to cancel the preliminary

measures. Nevertheless, where the Prosecutor or the injured party when the announcement of the

such a decision, their complaint has suspensive effect only

If it was made immediately after the announcement of the decision.



(5) If, on the basis of an interim measure issued by a European protection

command under the Act on international judicial cooperation in matters

criminal and of the modification or the cancellation of the interim measures decided

body active in criminal proceedings, that is different from the authority that issued the

the European protection order shall send its decision to the judicial

authority.



§ 88o



The consequences of non-compliance with imposed interim measures



If the accused does not, which continues to be the justification for the imposition of

the preliminary measures, conditions imposed interim measures, can

the competent authority in criminal proceedings to decide on the



and fine) the imposition under section 66,



(b)) the imposition of a different kind of interim measures, or



(c) taking the accused into custody), under the conditions laid down in this law.



CHAPTER FIVE



The taking of evidence



§ 89



General provisions



(1) in a criminal prosecution is necessary to prove to be, in particular:



and that became the deed), which is considered a criminal offence,



(b)) whether this Act was committed, the accused, or what the motives,



(c) the relevant circumstances) having a bearing on the assessment of the nature and severity of the

the crime,



(d) the relevant circumstances to assess) the personal circumstances of the offender,



(e)) the essential circumstances to identify the effect, the amount of damages

caused by the crime and unjust enrichment,



(f)) the circumstances that led to the crime or permit its

a criminal offence.



(2) the evidence may serve anything that may contribute to the clarification of the matter,

in particular, the testimony of the accused and witnesses, expert opinions, things and the Charter

important for criminal proceedings and inspection. Each party may take evidence

Locate, submit, or its implementation design. The fact that evidence

could not find or not requested authority in criminal proceedings, there is no reason to

denial of such evidence.



(3) evidence obtained by illegal coercion or the threat of such forcing

may not be used in the proceedings except in case of use as evidence

against a person of such coercion or threat of coercion.



THE FIRST SECTION



The testimony of the accused



§ 90



The summons and the demonstration



(1) if the accused fails to appear, which was duly summoned for questioning without

without showing sufficient cause, it may be brought; on this and on other consequences

failure (section 66) must be in the summons.



(2) the accused person may be brought without prior summons, if

This is necessary for the successful implementation of the criminal procedure, especially when

hides or has no permanent residence.



(3) for a demonstration it is necessary to apply to the competent police authority. About

demonstration of the national armed forces or armed corps in Active

the service you need to ask his commander or Chief.



The questioning of the accused



§ 91



(1) before the first interrogation of the accused is required to establish the identity,

ask him on his family, property and the Ministry and ratios

the previous penalties, clarify the essence of the allegations communicated to him and learn it

of his rights. If a proceeding for an offence for which you can

to negotiate an agreement on guilt and punishment, the accused must be in the context of the lessons

alerted to the fact that also in the preparatory proceedings may, with the State

representative in the presence of an advocate to negotiate an agreement on guilt and punishment, which

approved by the Court. The accused should be advised about the nature and consequences of the

the negotiation of the agreement on the guilt and punishment, that waives the right to

consideration of the case in the main proceedings and the right to lodge an appeal against the judgment,

which the Court approved the agreement on guilt and punishment, except in the case where the

such a judgment is not in accordance with the agreement on guilt and punishment, with which

agreed (article 245, paragraph 1, second sentence), and the conditions under which a

Court to decide on the claim of the injured party as properly (§ 314r (4)).

The contents of the instruction shall be mentioned in the Protocol. If the identity of the accused

immediately figure is necessary to the Protocol of his questioning to connect such

evidence that the person could not be confused with another.



(2) if the accused more, interrogate separately.



§ 92



(1) the hearing of the accused will be held so as to provide, if possible, complete and

a clear picture of the facts important for criminal proceedings. The accused

in no way shall not be compelled to testify or to confess. When

the hearing is necessary to save his personality.



(2) the accused must be given the opportunity to comment in detail the allegations,

in particular, continuously portray the facts that are the subject of allegations,

circumstances which reduce the charges or refute, and offer a

them evidence.



(3) the accused person may be asked questions to supplement the testimony or to

delete incomplete, ambiguities and contradictions. Questions must be asked

and comprehensible manner without pretense of misleading and false

circumstances; may not be shown, how to answer them.



§ 93



(1) the accused person may be allowed to give a response before, peered into the

written notes, which must vyslýchajícímu, if so requested by present

for inspection; This circumstance must be marked by the Protocol.



(2) if it is necessary to determine the authenticity of the manuscript, the accused can be

invited to write the necessary number of words; However, this may not be any

way to be compelled. However, the accused is obliged to always suffer the acts required

to do so, in order to establish his identity.



§ 94



cancelled



§ 95



(1) the testimony of the accused to a rule according to the dictates of log writes

vyslýchajícího, in direct speech and, if possible, literally.



(2) unless the Protocol of the trial or of the public session, must

be a protocol after the end of the hearing of the accused, is presented for reading or

If requested, it shall be read to him; If the hearing is conducted

through videoconferencing equipment, Protocol is the accused person to

the request reads. The accused has the right to request that the Protocol was completed by

or that the corrections have been made in line with his testimony. About this

the right of an accused person should be instructed.



(3) the Protocol on the questioning, which was carried out without the inclusion of the clerk,

It should be vyslýchanému before signing to read or to read the present in

the presence of stakeholders. If the vyslýchaný against the content of the Protocol

objections should be discussed in the presence of přibrané persons and the result

consultation hold.



§ 96



cancelled



SECTION TWO



Witnesses



§ 97



The obligation to give evidence



Everyone is obliged to answer a summons to appear and testify as a witness about the

What is known about the crime and the offender or the circumstances of the

important for the criminal proceedings.



§ 98



The summons and the demonstration



If a witness, although he was duly summoned, without showing sufficient cause

does not appear, it may be brought. On this and on other consequences (section

66) must be a witness in the summons. If the Member fails to

the armed forces or armed corps in active service, it is necessary to ask

its commander or Chief, to state the reason why the defendant

not appeared, or to put it to show off.



§ 99



The ban on questioning



(1) a witness may be questioned about the circumstances relating to the

classified information protected by a special law, which is obliged to

keep confidential, unless this obligation by the competent authority

be relieved; the exemption can be denied only if the testimony

caused serious damage to the State.



(2) a witness may be questioned whether or not if their termination would

He broke the state saved or recognized obligation of confidentiality, unless they were

the obligations of the competent authority or, in whose interest this

the obligation has absolved.



(3) the prohibition on questioning pursuant to paragraph 2 shall not apply to testimony

relating to the offence, parties which the witness has the notification obligation

under the criminal law. It also does not apply to testimony about

classified information classified in the special law degree

confidential or reserved.



§ 100



The right to refuse to testify



(1) the right to refuse to testify as a witness has a relative of the accused in the tribe

direct, its sibling, adoptive parent, osvojenec, husband, partner and friends;

If the accused and the witness is more in that relationship to

one of them, has the right to refuse to testify other accused parties only

If it is not possible to disconnect the testimony, which concerns them, from the testimony of

concerning the accused, to which he is a witness in this ratio.



(2) a witness shall be entitled to refuse to testify if they notice caused

the danger of criminal prosecution himself, his relative in the tribes live,

his siblings, adoptive parents, adoptees, spouses, partners, or kind

or other persons in the family or a similar ratio, whose injury would

as the injury felt custom law.



(3) to refuse to testify as a witness cannot, however, whoever has the pages of

the Act, whose testimony is concerned, the obligation of notification under

of the criminal code.



Witness



§ 101



(1) before the hearing of a witness is always necessary to determine his identity, his


the ratio to the accused, to learn about the right to refuse to testify, and if it

should be, whether or not concerning a prohibition on questioning or about the possibility of the procedure according to § 55 para.

2, as well as about the fact that he is obliged to denounce the full truth and nothing

nezamlčet. Must also be advised of the importance of testimony in terms of

of general interest and of the criminal consequences of perjury. If you like

witness a person under 15 years of age, you need to learn

appropriately her age.



(2) at the beginning of the hearing of the witness shall be questioned in relation to the present

the case and the parties and where appropriate to other circumstances of importance for the

determine its credibility. The witness is held to provide

If possible, complete and clear picture of the facts relevant to the criminal

control that witness perceived with the senses. The witness must be given

the ability to continuously told everything he knows about the matter itself and where it

the circumstances referred to by the learned. When questioning is necessary to save his

personality, in particular as regards his personal and intimate area.



(3) a witness may be asked questions to supplement the testimony or to

delete incomplete, ambiguities and contradictions. Questions directed to the

the intimate area of the examined the witness, in particular if it is a person

a criminal offence can be damaged, ask only if this is necessary for

clarification of facts important for criminal proceedings, particularly gently and after

content page exhaustively, in order to avoid hearing

Repeat; their wording is needed while maintaining the necessary

adjust age, personal attention to the experience and the psychological state of the

witness. A witness may be asked questions, in which were included

misleading and false circumstances or circumstances that are discover

from his testimony.



(4) if it is necessary to determine the authenticity of the manuscript can be the witness

commanded to write the necessary number of words.



§ 101a



He does not find reason to police authority to draw up the Protocol of the hearing

in the manner specified in § 55 para. 2, although the witness seeks and provides

specific facts which according to him, such a process of drafting Protocol

so warrant, the police authority shall submit the matter to the Prosecutor to

reviewed the accuracy of its procedure.



There is a risk of delay, postpone the hearing of a witness until

the Prosecutor shall take such measures. Otherwise, the witness shall be heard and

the adoption of measures of the State prosecutor handling the Protocol so that the

the identity of the witness remained secret.



§ 102



(1) If a witness heard a person less than 18 years of

the circumstances of whose revival in memory, given the age of might

adversely affect her mental and moral development, it should be questioning

perform particularly gently and after a a content page to the questioning in the next

control usually was not to be repeated; for questioning the authority picked up the slack

the socio-legal protection of children or any other person having experience with

education of youth, which would be with respect to the subject matter of the hearing and the degree of

mental development of the person contributed to the correct leadership of the questioning.

If it can contribute to the proper implementation of the hearing, may be hired and

parents. The people that were as follows přibrány, may propose the postponement of the

the Act at a later time, and in the course of the implementation of such a transaction design

its suspension or termination if the performing an action or continuation of

It had an adverse effect on the mental state of the person.

There is a risk of default, the authority in criminal proceedings such

the proposal passes.



(2) in the proceedings is to be such a person examined only where necessary

cases. In the proceedings before the Court it is possible on the basis of a court decision

do the proof reading of the Protocol, or by playing the video and audio

footage of the questioning, carried out through the

videoconferencing devices without the conditions referred to in section 211 para. 1 and

2. A person who was brought in for questioning, if necessary, shall hear the

the accuracy and completeness of registration, to the way in which the hearing was conducted,

as well as to the way in which the interviewee gave the testimony.



(3) to a person younger than 18 years of age, you can ask questions only through the authority

law enforcement agency.



section 102a



(1) if it is to be heard as a witness the person who is active in

a police authority or police officer of another State



and) used in the criminal proceedings as agent or conducting histrionic

transfer, or



(b)) immediately involved in the use or implementation of the agent

předstíraného transfer



is heard as a witness, whose identity and appearance are kept secret.



(2) in exceptional cases and under the conditions as a result of the hearing that there is no

injury to the life, health, or other business activities of the person referred to in

paragraph 1 or to a threat to life or health of a person close to her, can be

make her interrogation as a witness without the secrecy of identity or form, and

It's only on the proposal of the public prosecutor on the basis of observations of the competent

the Director of the security force.



§ 103



The provision of section 93 para. 1 and section 95 of the hearing of the accused must be reasonably

and on the hearing of a witness.



section 103a



Information about unsafe accused and condemned



(1) a witness, which is a risk in connection with the stay of the accused

or the convicted person on the loose, you may request information about the



release or escape of) of the accused from custody,



(b) the release or escape of a convicted) of imprisonment

freedom,



c) interruptions of imprisonment,



(d) the release or escape of convicted person) from the exercise of the constitutional protection

healing,



e) change the form of the protective treatment of constitutional on outpatient,



(f) the release or escape of convicted person) of the performance security

detention,



(g) the security of the detention) change protective treatment,



(h) any person accused or release) of the convicted person to a foreign State, or

his surrender to another Member State of the European Union in the framework of the

international judicial cooperation in criminal matters.



(2) If a witness has not submitted a request under paragraph 1, the accused or convicted person

He was released or escaped, and if there is reasonable concern that a witness is threatened

hazards in connection with the stay of the accused or the convicted person on the

freedom, authority in criminal proceedings, the probation and mediation service

the prison, medical equipment, in which the convicted person shall be exercised by the constitutional

protective treatment, or Institute for the performance of the security of the detention shall immediately

shall inform the police authority or led

criminal proceedings in a criminal case, which shall take the necessary measures to

ensuring the safety of the witness, including the notification of dismissal or

escape.



(3) The procedure for the submission of applications and the handling is reasonably used

provisions of the law on victims of crime.



§ 104



Witness expenses



(1) a witness has the right to compensation for necessary expenses under a special legal

the rules relating to travel expenses and the proven loss of earnings

(fee). The claim shall cease to apply, as witness in three days after its

of the hearing or after he was informed that the hearing does not occur; on it

the witness must be notified.



(2) a claim referred to in paragraph 1 has a witness or another person, with the exception of

suspected or accused persons, even if come to challenge authority

law enforcement agency to perform another task.



(3) the amount of the costs be determined usually immediately after the exercise of the right to

the fee, which a witness or other person referred to in paragraph 2

call, and in the proceedings before the Court the President of the Senate.



THE THIRD SECTION



SOME SPECIAL MODES OF PROOF



Section 104a



The confrontation



(1) if the testimony of the accused in serious circumstances do not match

the testimony of a witness or the accused can be spoluobviněného, built

the witness, or spoluobviněnému in the face.



(2) if the witness does not agree in serious circumstances with

the testimony of the accused or of another witness, the witness may be built

the defendant or other witness face to face.



(3) Confrontations can be done up to then, when each of the persons to be

confronted, has previously heard and her testimony was written

Protocol. When faced with the interviewee, to another person

testified in direct speech the claim about the circumstances in which notice of termination

konfrontovaných people disagree, or to other circumstances,

that its claims are related to, and which has not yet nevypovídala. Persons

built face to face they can ask each other questions only with the consent

vyslýchajícího.



(4) for the confrontation of otherwise valid provision on the testimony of the accused and the

witnesses.



(5) a person younger than eighteen years of age can be placed face to face only

exceptionally, if it is absolutely necessary to clarify things; in such a

the case is to be used, mutatis mutandis, to section 102. Face to face, you cannot build a witness

whose identity is concealing the reasons referred to in § 55 para. 2. the face

You cannot build a face also damaged the younger the age of eighteen with the accused in the

the case of offences against human dignity in the sexual area.



(6) if necessary after the end of the confrontation to hear konfrontované

of the person, their questioning separately.




(7) the Confrontation are fundamentally carried out only in the proceedings before the Court; before

the indictment or a letter of approval of the agreement on the guilt and punishment can be

the confrontation only exceptionally, if it can be expected that the

the implementation of significantly contributing to the clarification of the case and the same objectives cannot be

achieved by other means.



section 104b



Recognition



(1) Recognition takes place, if the criminal proceedings are important to

the suspect, the accused or the witness recognized a person or thing again, and determined by

their identity. To perform recognition is always picked up the slack, at least one

a person who is not involved in the case.



(2) a suspect, accused person or a witness, who have to get to know a person or thing,

listen to before the rekognicí of the circumstances under which a person or thing

they perceived, and about the characters or specific characteristics according to which it would be possible

a person or thing. Person or thing that has to be recognised, they must not

be shown before the rekognicí.



(3) in order to be recognised, the person turns out to be a suspect, accused person or

the witness between at least three persons, significantly differ.

The person who is to be identified with prompts to be included on any

the space between the indicator the person. If a person has to be identified not by

their appearance, but by voice, allowing her to speak in

any order among other people with a similar voice

characteristics.



(4) if it is not possible to show the person who is to be known, recognition,

According to the photos, which is submitted to the suspect, the accused person

or witness with similar photos of at least three other people. This

the procedure may not immediately preceded by a rekognici point person.



(5) in order to be identified thing, the suspect, the accused or

a witness in the Group of things of the same kind if possible.



(6) for the rekognici otherwise, the provisions on the testimony of the accused and the

witness.



(7) according to the nature of the things you can do rekognici to poznávající

the person immediately met with a poznávanou person. If done

recognition with the participation of a person younger than eighteen years of age, shall be used, mutatis mutandis, to section

102. Rekognici in the presence of a witness, the identity of the concealing of the

grounds provided for in § 55 para. 2, can be used under the terms of the confidentiality of its form and

personal data to perform, if the witness is a poznávající person.



(8) after performing the recognition with the suspect, the accused or the witness

listen to again, if you need to remove the contradiction between their testimony and

the results of the recognition.



section 104 c



Investigative experiment



(1) the investigative experiment shall be held to be observing in artificially

created or changing conditions are cleared or clarified

facts in criminal proceedings, where appropriate, new

the facts important for criminal proceedings.



(2) If you try to perform the investigation will not proceed if this is

due to the circumstances of the case or the suspect, the accused person,

spoluobviněného, victim or witness inappropriate or if the purpose of the

the investigation attempting to reach otherwise.



(3) to investigating the attempt, which is carried out in the preparatory proceedings, must

be brought at least one person who is not involved in the matter, unless the

would the inability to ensure its presence at the exam attempt thwarted

its implementation. If it is necessary due to the nature of the case and to

the facts that have come to light in the criminal proceedings, picked up the slack to

the investigating expert tries to, or suspect, defendant and witness.

Their participation in investigation attempt shall be governed by the provisions applying

for their interrogation. If you take part in investigation attempt to a person under the age of

than eighteen years of age, shall be used, mutatis mutandis, to section 102.



(4) the acts that are related to the investigative experiment shall not be

the suspect, defendant, victim or witness has the right to deny

the testimony compelled in any way.



§ 104d



The reconstruction of the



(1) Reconstruction takes place, if it is to be a renewal of the situation and the circumstances in

which the offence was committed, or to have a significant relationship,

examined the testimony of the suspect, the accused, spoluobviněného, damaged

or witness, if other evidence made in criminal proceedings

are not sufficient to clarify the matter.



(2) on the process of reconstruction will apply mutatis mutandis of the provisions on

exam attempt.



§ 104e



Examination on the spot



(1) the Examination shall be held on the spot, if necessary in the presence of

the suspect, the accused or a witness may be supplemented or clarified details

important for the criminal proceedings that relate to a specific location.



(2) The procedure for verification shall be used in place of the provisions on

exam attempt.



SECTION FOUR



Experts from the



The inclusion of an expert



§ 105



(1) if it is to clarify the facts important for criminal proceedings to be

of expertise, the authority in law enforcement training

the observations. If the complexity of the issues under consideration for such a procedure is not

sufficient, requiring an authority in criminal proceedings of an expert. In the preparatory

management gains the authority experts active in criminal proceedings, which shall be deemed to

expert advice necessary for the decision if the case was returned to the

investigation, the public prosecutor, and in proceedings before a court, the President of the Senate. About

the use of an expert to inform the accused and in the proceedings before the Court of State also

representative. The other person is about bringing in an expert, if filing

the expert's report should be to this person held or something passes.



(2) when selecting persons to be brought as an expert, you need to

take account of the reasons for which, under a special law is the expert of

the submission of the expert's report. When requesting vocational representation

body active in criminal proceedings, shall consider whether the person from whom the professional

expression requires, in view of its relationship to the accused persons to other persons

involved in the criminal proceedings or to things is not podjatá.



(3) against a person of an expert can be objected to on grounds that provides

a special law. In addition, you can raise objections against the vocational focus

expert or against the wording of the questions raised by the experts. In the preparatory

management of the soundness of such objections shall examine the Prosecutor and in the management of

before the Court, the presiding judge of the Court before which at the time of notification

opposition leads the proceedings; If the opposition is used in the context of amending

the resource will be the authority to which it is for the appeal procedure

decide. If this authority of the objections and the reasons for the request

the expert's report, it shall take steps to request an expert opinion

either by another expert or by otherwise formulated questions; in the opposite

the case shall notify the person who raised the objections that it did not find such a

the reasons for the procedure. Opinion on the objections put forward by the amending

resource generally form part of the decision on such

the appeal.



(4) if it is a clarification of particular importance is the need to

Add two experts. Two experts should be put always, in the case of

examination and an autopsy of the bodies (para. 115). For inspection and autopsy bodies may not

be joined as a connoisseur of the doctor who treated the deceased for disease,

that death immediately preceded.



(5) support the observations referred to in paragraph 1 may ask the person who is

under a special law, registered in the list of experts, and the physical or

a legal person who has the necessary qualifications. State authority

shall submit to the authorities of the law enforcement professional representation always without

remuneration.



Section 106



The expert must be advised of the consequences of the summons (section 66), and

the obligation to inform without delay the fact for which would be excluded

or otherwise prevents him to be active as an expert. Expert must

also be advised about the importance of the expert opinion from the perspective of the public interest and

of the criminal consequences of perjury and knowingly false expert

of the report; This also applies to experts who submitted the opinion on the basis of

the request of a party pursuant to § 89 paragraph 1. 2.



§ 107



The preparation of the report



(1) an expert who is charged with an act to provide the necessary explanations

from the writings and define its tasks. In doing so, care must be taken that the experts

It is not for to perform the evaluation of the evidence and resolve the legal issues. If it is

to the submission of the report to be, let the experts inspected or

the writings. He may also be allowed to was present in the hearing

the accused and the witnesses and ask questions related to the subject

expert investigation. In justified cases, the expert will make

He took part in the implementation of the Criminal Procedure Act, if such

the Act is relevant for the preparation of the expert opinion. The expert may also

propose that the other evidence first clarified the circumstances needed to

submission of the report.



(2) the expert přibraný to submit an expert opinion about the cause of death or the

State of health of the deceased is entitled to require health

the documentation relating to such persons; in other cases, it may

medical documentation required under the terms of the specific

by law.



(3) Experts are usually saved to the testimonial has drawn up in writing. Testimonial

is also a lawyer, and served it at the expense of defence.



section 108



The questioning of an expert



(1) If an expert opinion in writing, just to be in the hearing


him and confirmed it. If the opinion has not been drawn up in writing,

nadiktuje expert in the hearing it in the log.



(2) if the přibráno more experts who have come after mutual consultation to

an affirmative conclusions reached, it shall submit the opinion of all of them, which themselves to

the specified; the different conclusions of the experts, you need to listen to each

separately.



(3) in the preliminary proceedings, to refrain from questioning of an expert, unless the

the police authority or the prosecutor about the reliability and the completeness of the writing

submitted by the expert's report.



section 109



Defect report



If there is doubt as to the correctness of the opinion or the opinion is vague or

incomplete, it is necessary to ask the experts for clarification. If it does not lead to

the result, picked up the slack with another expert.



§ 110



The opinion of the Institute



(1) in exceptional, especially difficult cases requiring special

the scientific assessment, the police or the public prosecutor, and in

proceedings before the Court the President of the Senate put the State authority, a scientific Institute,

a college or institution specialised in expert activity to

the submission of the expert's report or reviewing the report submitted by the expert.



(2) a person who was a party to the action or to the submission of the expert's report on the review of

report submitted by the expert referred to in paragraph 1, it shall submit an opinion in writing. In it

designates a person or persons to draw up an opinion and may be in

If necessary, as the experts heard; If it was necessary to put

two experts (article 105, paragraph 4), at least two of those people.



(3) when selecting persons referred to in paragraph 2 shall be taken into account to

the reasons for which, in the Special Act is the expert of the administration of

the expert's report.



(4) the provisions of § 105 para. 3 the opinion of the Institute shall be used when requesting

by analogy.



§ 110a



If the expert opinion submitted by the party has all the law

the required particulars and contains a clause stating that the expert is aware of the

the consequences of knowingly false expert opinion, proceed when

the implementation of this evidence as well, as if they were an expert opinion

pull body active in criminal proceedings. Body active in criminal

management will enable experts, of which one of the Parties requested the expert

opinion of the Court, to look into the case-file or otherwise allow him to become familiar with

the information needed for the preparation of the expert opinion.



§ 111



Application of special rules on the experts



(1) the provisions on the eligibility of witnesses for this feature and on the exclusion of

it, on the right to deny an Act, a promise and a reminder

before performing the duties of the expert of the Act, as well as on compensation of the finished

expenses and remuneration of expert action (payment) subject to specific regulations.



(2) the amount of fees the expert shall determine the person who has put on weight, and in the proceedings before the

the Court of the President of the Senate, without undue delay, no later than two

months of billing experts. If the one who gained weight, experts

with the amount of vyúčtovaného to the expert shall decide by resolution. Against the resolution is

admissible complaint which shall have suspensive effect.



(3) the Payment must be paid without undue delay after his return,

no later than 30 days.



THE FIFTH SECTION



Implementation of the interrogation through videoconferencing facilities



§ 111a



(1) if the hearing of the accused carried out through

videoconferencing equipment, shall be his lawyer about the time and place,

on which the accused was summoned. In the case of interrogation of spoluobviněného,

a witness or expert in this way, the defence lawyer of the accused shall inform about the time of the

and the location from which it will be conducting the hearing, the competent authority

criminal proceedings.



(2) if the hearing of a person carried out via videoconferencing

device, verifies the identity of the employee of the Court, the State

the Prosecutor's Office or the police authority responsible for this person

conducting the interrogation. Authenticating the identity of the person in the place where the

the hearing is vyslýchaný, it can be with the consent of the person conducting the

the questioning and an employee of the Court, the public prosecutor's Office, prisons or

the police authority has been mandated to do so by the President of this Court,

the head of the public prosecutor, the Director of the prison or the head

national police authority. This employee is all the time

questioning the present on the spot, where the interviewee.



(3) the identity of a witness whose identity is concealed, and the hearing is

carried out through videoconferencing equipment, in the proceedings

before the Court the presiding judge or an employee of the Court responsible for

providing support for the protection of classified information specified for this activity

President of the Court and, in preliminary proceedings the State employee

the Prosecutor's Office or the police authority responsible for the protection of classified

information specified for this activity, the head of the public prosecutor or

the head of the national police agency. This employee is at all

time present at the place where the witness, whose identity

is concealed.



(4) the authority conducting the criminal proceedings, the hearing shall instruct vyslýchanou

person before the commencement of the hearing conducted by

videoconferencing facilities about how to perform the examination.



(5) at any time during questioning carried out through

all-in-one device may raise objections against the interviewee

the quality of the image or sound transfer.



THE SIXTH SECTION



The material and documentary evidence



§ 112



(1) the factual evidence are items which or on which the criminal

Act was committed, other objects that prove or refute dokazovanou

the fact and can be a means to investigate and determine the criminal offence

and its perpetrators, as well as the traces of the crime.



(2) the documentary evidence are documents that demonstrate or its content

refute fact dokazovanou relating to the offence or to the

the accused person.



THE SEVENTH SECTION



Inspection



§ 113



The purpose of the inspection and the Protocol on the



(1) the Examination shall be held to be a direct observation explained

the facts important for criminal proceedings. The inspection is usually

requiring an expert.



(2) the Protocol on inspection, you must provide complete and accurate image of the subject

inspection; they have, therefore, to include photos, sketches and other

AIDS.



section 114



Inspection of the body and other similar acts



(1) Inspection bodies shall be obliged to submit to each, if necessary

find out whether the tracks on his body or the consequences of the offence.

If there is no inspection of the body carried out by a doctor, it can only be done by a person

of the same sex.



(2) if evidence is required to perform a blood test or other similar act

is a person, it shall be obliged to acquiesce to her doctor or specialist

healthcare worker removed blood or another needed

the Act, if it is not associated with the danger to her health. Subscription to the biological

material that is not associated with the intervention into the bodily integrity of the person

such an act is concerned, i can make this person or with its consent

body active in criminal proceedings. Upon request by the law in the criminal

This subscription can control even without the consent of the suspect or the accused

performed by a doctor or by a health professional.



(3) if evidence is required to establish the identity of the person who were on

the crime scene, is a person, it shall be obliged to tolerate the acts necessary for the

such a finding.



(4) if the Act referred to in paragraphs 1 to 3, for the resistance of the suspect or

the accused do, and unless the donation of blood or other similar act

associated with the intervention into the bodily integrity, is a body active in criminal

the proceedings shall be entitled to after previous futile challenge to overcome this resistance;

police authority needs to overcome the resistance of the suspect's previous

the consent of the Attorney General. How to overcome the resistance must be reasonable

the intensity of the resistance.



(5) the obligations of the preceding paragraphs should be the person to learn with

warning of the consequences of failure (section 66), suspects or accused persons,

Learn also about the possibility of the procedure referred to in paragraph 4.



section 115



Inspection and dissection of corpses and the exhumation



(1) there is a suspicion that the death was caused by a criminal

the crime, the corpse must be inspected and pitvána. Bury the corpse can be in

such cases only with the consent of the public prosecutor. So decides,

State representative with the most accelerated.



(2) the exhumation of the corpse may order the President of the Senate, and in preparatory proceedings

State representative.



Mental status examination



§ 116



(1) if it is necessary to investigate the mental state of the accused, picked up the slack to it

always expert in psychiatry.



(2) If a mental state be examined differently, the Court and, in preliminary

control to the design of the public prosecutor, the judge may order that the accused was

observed in the Medical Institute, or, if in custody, whether or not in

a special Department of the correctional facility. Against this resolution is

admissible complaint which shall have suspensive effect.



(3) whenever it appears to the expert for the accused to suggest his symptoms

insanity or diminished sanity at the same time, about whether

his stay at liberty threat.



§ 117



Observation the mental state does not last for more than two months; in the meantime,

It is necessary to submit a testimonial. On a reasoned request, the Court may, and experts in the

on the proposal of the preliminary proceedings, the Prosecutor, the judge, this time limit


extend, but not more than one month. Against the extension of the period

the complaint is admissible.



§ 118



If there are serious doubts about whether the witness is not, whose testimony is

for decisions of particular importance, substantially reduced the ability to correctly

to perceive or to give evidence, it can be examined and weighed the mental state

witness. Observation the mental state of the witness in accordance with § 116 paragraph. 2 is not, however,

permissible.



CHAPTER SIX



The decision of the



§ 119



The method of decision making



(1) the Court decides by way of judgment, where the law expressly provides. in

other cases decided, if the law provides something else,

by resolution.



(2) the Prosecutor and the police authority to decide if the law

does not provide for something else, resolution.



THE FIRST SECTION



The judgment of the



Content of judgment



§ 120



(1) the judgment after the introductory words "on behalf of Republic" must contain



and the designation of the Court), whose judgment goes, and the names and surnames of the judges,

who took part in the decision,



b) date and place of delivery of the judgment,



(c) the operative part of the judgment), stating the statutory provisions to which it is applied,



(d)) in the preamble, where the law provides for something else, and



(e)) the letter of appeal.



(2) the accused must be in the judgment marked indication of his name and

the last name, the date and place of birth, their employment and residence, or

other information necessary to ensure that it cannot be confused with another person.

If it is a member of the armed forces or armed corps, shall also

the rank of the accused and the Department, of which he is a national.



(3) a statement by the defendant acknowledges the guilty, or by indictment

exempting must exactly refer to a criminal offence, to which the statement relates, and

not only naming and specifying the appropriate legal legal

provisions, but also an indication of whether it is a felony or misdemeanor, and places

time and manner of committing, or even an indication of other factors which

you need to ensure that the deed could not be confused with another, as well as

the listing of all legal characters, including those that justify a

criminal rate.



(4) if the Court Approves the agreement on guilt and punishment, is also part of the judgment

statement on the approval of the agreement on the guilt and punishment.



§ 121



In the judgment, which is decided by the question of guilt, the Court also holds the operative part



and) or on compensation for non-material in the money or the release of

of unjust enrichment, provided that the right to compensation for damages or

non-material damage in money or issuing unjustified enrichment in time

applied (§ 43 para. 3),



(b) of the protection measures) if it was in the main version or in the

a public meeting held on the appeal has been decided.



§ 122



(1) the decision shall contain a statement of the sentence stating the

the statutory provisions under which the punishment was meted out, or according to which

the punishment was waived, and if it is a conditional waiver from the

punishment with supervision, whether or not a statement regarding the determination of the trial period and its

duration. If the offender supervision ratified, it must be of the opinion

the judgment clearly whether supervision should be carried out within the scope of

criminal law or whether they are the perpetrators stored next to it for more

reasonable restrictions or obligations. If the penalty, whose performance can be

conditionally postpone judgment must also contain a statement regarding whether the

the conditional postponement enabled, where appropriate, on what conditions is bound. If it was

stored an unconditional prison sentence must contain the operative part of the judgment

about how the performance of this punishment. If the convicted person was the perpetrator of

crime committed for the benefit of organized criminal groups, it is necessary to

the operative part also hold to the judgment.



(2) of the operative part of the judgment In zprošťujícího it must be stated that, for reasons of

referred to in section 226 is based charges.



§ 123



The Court, which decides in the case in which an earlier judgment was on

the basis of an appeal, complaint for violation of the law or of the proposal for the renewal of

cancelled only partially accommodates to a new judgment, only those statements, party

which thing again. To link these statements with statements, in

which remained an earlier judgment of the intact, while pointing out.



§ 124



In the judgment, which stores a summary sentence, the Court must designate those earlier

judgments, of which a new judgment annuls the judgement about the punishment and replaces it

the statement about the General penalty. Stores in the judgment of the common punishment for

continuation of the offence, the Court must designate those earlier judgments in

which statement is deleted on the guilt, of continuing offence and penalty

acts committed with him in tracking products from the whole of the operative part of the sentence,

as well as other statements that have in that conviction, your basis

and replaces them with new statements, including the statement on a common punishment for

continuing offence.



section 125



(1) if the judgment contains a preamble, the Court briefly lays out in it,

that fact, he demonstrated and that evidence of their factual

the findings of such considerations, he drove in the evaluation carried out

the evidence, in particular if you contradict each other. Of justification must be

see how the Court has dealt with the defense, why he has resisted proposals for

additional evidence and which legislative considerations are driving when

judged by established facts pursuant to the relevant provisions of the Act in

the question of guilt and punishment. In the preamble to the sentence which shall be

the reasoning was led in imposing a sentence, how to assess the nature and severity of the

the offence in terms of the importance of a particular protected interest, which

was the crime, how to carry out the crime and its consequences, the circumstances in

which the Act was committed, the person of the offender, the extent of his culpability and his

the motives, intent or goal, as well as the mitigating and aggravating

circumstances, the time that has elapsed since the Commission of the offence, any

changes in the situation and the length of the criminal proceedings, lasted an unreasonably long

period of time, taking into account the complexity of the case, the procedure of law enforcement

management, the importance of management for the offender and his behavior, which has contributed to the

delays in the proceedings; indicate whether or not, as the rules for personal, family,

property and other circumstances of the offender, to emigrate

life, to the behavior of the offender after the crime, in particular to any order to

to compensate for damage or other harmful consequences of the offence, and if it was marked as

cooperating defendant also as important contributions to the

clarification of the crime committed by members of organized groups, in conjunction with the

organised by or in favour of the organised criminal

the Group of. If the judgment were originally conceived for more statements, you must

also justified. If the Court imposes a punishment for a crime

referred to in § 55 para. 2 of the criminal code, such as reflections, was

guided by this decision and why it was not punishable directly

If the imprisonment.



(2) in a letter of appeal, which must be included in any judgment

Court of first instance, shall state the period within which it must be lodged (article 248

paragraph. 1), designation of the Court to which the appeal is to be lodged (Article 251),

designation of the Court which filed the appeal will be decided (para. 252),

the extent to which they can challenge the judgment of the persons concerned (para. 246), and

definition of the required content of notice of appeal (para. 249).



(3) the letter of appeal, which must be included in any decision

the Court on the substance made in the second stage, the person shall

including the need for the appeal of the accused are given by

defence counsel (section 265d), the deadline to submit the appeal, designation of the Court to which

the appeal is to be lodged (§ 265e), designation of the Court which filed

the appeal will be decided, and the definition of the necessary content of appeal (§ 265f).



Meeting and voting on the judgment



§ 126



During the consultation on the judgment, which decides on guilt and punishment, the Court shall examine the

in particular, the



He became a) whether an offence for which the accused is prosecuted,



(b)) whether this Act has all the characteristics of a criminal offence,



(c)) whether this Act was committed by the defendant,



(d) the defendant) whether this act criminally responsible,



e) whether criminalization of deed ceased to exist,



(f)) whether and what punishment the accused is to be saved,



(g)) whether and to what extent the defendant should be ordered to replace the

the injured the damage or non-material damage in money or issue

unjust enrichment,



h) whether and what protective measures should be saved.



§ 127



(1) the deliberations and the vote shall be in addition to the judges and lay judges

zúčastnivších, which immediately preceding the judgment, and

writers no one else present. About the content of the consultation should be maintained,

confidentiality.



(2) the vote shall be decided by a majority vote. If you cannot achieve a majority,

are the voices of the accused at least favorable to the votes for them

a more favorable for so long, until it reaches a majority. If the questionable that

opinion is more favourable to the accused, it shall decide by a vote.



(3) each Member of the Senate must vote, even if it was in some previous

the question of the swing vote. When voting on the sentence may, however, vote

refrain from those who voted for the waiver of the indictment; their voices

added to the voice accused the most agreeable.



(4) member of the vote before the judges. Lay judges and the judges of the younger vote

before the elders. President of the Chamber shall vote last.




(5) the vote shall draw up a special report (§ 58).



§ 128



The judgment



(1) the judgment must always be to declare; announces it President of the Chamber.



(2) Declare the introductory words "on behalf of Republic", the full text of the operative part,

at least a substantial part of the preamble and the letter of appeal.

Publication must be in complete conformity with the content of the judgment, as was

a vote of thanks.



(3) the judgment shall be published immediately after the end of negotiations, as a rule, that

the judgment was preceded by; If this is not possible, for the delivery of the judgment

negotiations continue for a maximum of three days.



§ 129



A copy of the judgment



(1) each judgment must be drawn up in writing. A copy of the judgment shall

be in conformity with the content of the judgment, as it was declared.



(2) If, after the delivery of the judgment by the Court or a specified period after

of the judgment, the Prosecutor and the defendant gave up the appeal and

said that they do not last for justification, and defendant at the same time

He said that he does not wish to submit the appeal in favour of other

an authorized person, the Court may draw up simplified judgment, that

does not contain a statement of reasons. If an authorized person may lodge an appeal in the

the benefit of the accused even against his will, can be simplified judgment

drawn up only in case of abandoning the appeal. If a judgment

multiple defendants, it is necessary to justify his statements in the sections that are

related to the person of the defendant, in which the conditions are not fulfilled for the

copies of the simplified judgment. If a right of appeal and the

damaged or the person concerned and if not surrendered this right is

also need to justify those statements against which they can lodge an appeal.



(3) if the judgment in writing has not been drawn up already in the meeting, the President of the

the Senate or the authorized judge, who was a member of the Senate, it shall draw up a

and passes to the delivery



a) in proceedings before the district courts and regional courts as courts of second

instance in detention matters within five working days, and in other cases

within 10 working days,



(b)) in proceedings before the regional courts as the courts of first instance, by the

courts and before the Supreme Court in matters of detention within 10 working

days, and in other cases within 20 working days.

Exceptions to these time limits allow, at the request of the presiding judge or the judge

vyhotovujícího judgment for serious reasons, in particular with regard to the

the sheer size and complexity of the case, in individual cases the President of the Court.

If the time-limit shall be extended by more than twenty working days, in writing

reasons, why it was not possible to lay down a shorter period. Otherwise, proceed

in accordance with paragraph 4.



(4) if the Chairman or any other Member of the renowned for his judgment in

in writing drawn up for the obstacle of a longer duration, it shall be drawn up on the orders of

President of the Court, another judge. In the case of a single judge, shall draw up the judgment of the

the judge designated by the President of the Court.



(5) a copy of the judgment shall be signed by the President of the Senate, and the one who is

drafted. If the President of the Chamber to sign a copy of the judgment for

an obstacle of a longer duration, podpíše is for him, another Member of the Senate; the reason for the

This is the copy of the judgment notes.



§ 130



The delivery of the judgment



(1) the judgment shall be served on the accused, in the copy of the public prosecutor,

the person concerned and the injured party which filed a claim for damages

or non-material damage in money or unjust enrichment,

and even if they were present during the delivery of the judgment.



(2) if the accused has a defence counsel or the legal representative shall send a copy of

the judgment also them.



(3) if the person concerned or a corrupted Guardian delivers the

a copy of the judgment is only the legal representative; If you have an agent, shall

only agents.



§ 131



Fix copy and a copy of the judgment



(1) the presiding judge may at any time by order of the special clerical

errors and other obvious inaccuracies occur in a copy of the judgment and

copies, so that the copy was in complete conformity with the content of

the judgment was announced. Fix may require even higher court.



(2) a copy of the resolution on the repair shall be served on all persons to whom it was served with a copy of the

the judgment.



(3) the decision on correction referred to in paragraph 1 shall be admissible a complaint,

which shall have suspensive effect.



(4) after the final resolution on the repair fix performs both in the

a copy of the judgment, and in copies from the persons to whom they were

delivered, will require for this purpose back.



§ 132



cancelled



§ 133



The effects of repair



If the repair copy of the judgment or the judgment of a copy patch

significantly affected the content of one of the sayings of the judgment, runs a

representatives and the corrected statement to the person directly concerned the time limit for appeal from the

delivery of a copy of the resolution about the patch, and if it was against the resolution on the repair

a complaint, after the decision on the complaint. About how it should be

the person directly concerned instructed verdict.



SECTION TWO



The resolution of the



§ 134



The contents of the resolution



(1) the resolution must contain



and the designation of the authority) whose decision it is,



(b)) a day and place,



(c) a statement indicating the resolution) the statutory provisions to which it is applied,



(d)) in the preamble, where the law provides for something else, and



(e)) the letter of appeal.



(2) the preamble should be, if it comes by nature of things in

account, in particular, mention the fact that they have been taken for proven,

the evidence on which the findings of credibility considerations governing the decisive

the Authority directed the evidence taken in the evaluation, as well as legal considerations on

under which the judge established facts pursuant to the relevant

provisions of the Act.



§ 135



Announcement of the resolutions of the



Declare to be the resolution, which was made in the Act

carried out with the participation of the persons concerned, the resolution as well as resolution,

which was made in the trial, public meeting or private

meeting.



§ 136



Copy of the resolution



(1) it is not necessary to make a resolution, which only governs the course of

proceedings or the taking of evidence or the manner in which orders or

preparing the trial.



(2) it is also necessary to make resolutions that are written in full

the version of the Act, unless it was necessary to send a copy of such

the resolution of some person to deliver. If it is to be delivered in this case

only the public prosecutor can deliver to him a copy, log.



(3) If, after the publication of the order or within the time limit established by the authority

law enforcement officials after the announcement of the resolution of the persons entitled to

a complaint pursuant to § 142 paragraph 2. 1 abandon the complaint and stated that they do not last

on a written justification, the authority in criminal proceedings make

simplified resolution that does not contain a statement of reasons; in the case of the resolution

to be in the enforcement process may Court of first instance

do this even if it is not against such a resolution to the complaint admissible.

If they have the right to lodge a complaint in favour of the accused person can be

simplified resolution drawn up only in the case that the accused declares

He wants to see these persons a complaint lodged on his behalf; If

so these individuals can make even against his will, he must give up the complaints.



§ 137



Notification of the resolutions of the



(1) a resolution shall be notified to the person directly concerned, as well as

the person who gave him his proposal for the initiative; order of the Court shall be notified to

also to the Prosecutor. Notification is done by either the announcement of the resolution in the

the presence of that which is necessary to the resolution of the report or the delivery

a copy of the order.



(2) if the person to whom it is necessary to notify the resolution, legal assistance, where appropriate,

an agent, just opened a resolution either person, or

to its advocates, or agents; If the resolution announces the delivery of

a copy shall be forwarded to the only defenders or agents. In the case of a person

divested of legal capacity or the capacity to

capacity is limited, which advocate, where appropriate, an agent has, the

the resolution of its legal representative.



(3) However, in announcing the accused persons who are deprived of the capacity to

legal capacity or the capacity to perform legal acts is limited,

the resolution, which has a complaint, you must notify to him, and

its advocates and its legal representative. If the accused is in custody, in the

imprisonment or under observation in a medical

the Institute, such resolution to announce how the accused, as well as its

even if defenders if the accused is a person whose capacity to

capacity is not limited.



(4) the resolution, which was decided on the appeal, the State

representatives, the person that is directly affected by the decision, and the person who your

the draft resolution gave the initiative, always in the copy.



§ 138



Application of the provisions of the judgment



If this section does not contain special provisions, shall be used to

resolution to apply the provisions of this title for the first section of the judgment.



THE THIRD SECTION



The legal power and the enforceability of the decision of the



§ 139



The legal power and the enforceability of the judgment



(1) the judgment is final, and unless otherwise provided by this law is something else, and

enforceable,



and the law against it) if the appeal does not allow,



(b)) if the law against him, although he admits the appeal, however,



AA) appeal was not lodged within the time limit,



BB) beneficiaries the Appeal expressly waived or is explicitly take


back, or



CC) filed appeal had been rejected.



(2) an appeal lodged just injured and an appeal lodged just interested

a person does not preclude the other parts of the judgment acquired legal force, and

have been carried out. Similarly, an appeal relating to just one of the more

defendants do not preclude a judgment for the other defendants took

legal authority and was executed.



(3) if the time limit for lodging an appeal has been missed, but was made

beneficiary request for the return period, you cannot out-

the final decision on this request.



§ 140



The legal power and the enforceability of the resolution



(1) the resolution is final and enforceable,



and the law against it) if the complaint does not allow,



(b)), although if the law permits the complaint against him, but



AA) the complaint was not filed within the time limit,



BB) authorized persons are expressly waived or complaints specifically take

back, or



CC) brought the complaint was rejected.



(2) the resolution is enforceable, even if not yet acquired legal force,

If the law against him, but admits she does not recognise complaint

suspensory effect.



(3) the complaint, which concerns only some of the more people or just some of the

more things are decided by the same resolution, not in

If it has a suspensory effect, ensure that the resolution came into force and

has been done in other areas, you can ungroup the pictures.



(4) if the time limit for lodging a complaint having suspensory effect

been missed, however, was made by an authorized person application for return of the period,

Unable to execute the resolution until the final decision on this request.



THE HEAD OF THE SEVENTH



Complaint and proceedings for her



§ 141



Admissibility and effect



(1) appeal against the resolution of a complaint.



(2) Complaints can be challenged every resolution of the police authority. The resolution of the

the Court and the Prosecutor can only complaints in those cases

where the law expressly permits and if they decide in the case in the first

the degree.



(3) against the decision of the Attorney can file a complaint

only if, under the law on complaints to decide

the Court. The complaints in these cases shall be decided by the Supreme Court. About

the complaint against the decision of the public prosecutor of the Supreme State

the Prosecutor's Office shall be decided by the Prosecutor.



(4) the complaint shall have suspensive effect only where the law expressly provides.



§ 142



Authorised persons



(1) unless otherwise provided in the Act of something else, you may complain to the person that

the resolution directly affects or which resolutions initiated by design, to

to the law authorizes; against the order of the Court may also make a complaint

the Prosecutor, even in favour of the accused.



(2) against a decision on detention, treatment and protection of security

detention may submit a complaint in favour of the accused whether or not the person that would

may lodge an appeal on his behalf.



§ 143



Time and place for the submission of



(1) the complaint lodged with the authority against which the resolution of the complaint,

within three days from the notification of the resolution (para. 137); If the resolution of the

announce how the defendant and his legal representative or lawyer, the

the period runs from the announcement, which was made at the latest.



(2) persons who, pursuant to the provisions of § 142 paragraph 2. 2 may submit a complaint

in favour of the accused, the deadline to submit a complaint on the same date as the

the accused person; the public prosecutor, however, a time limit always separately.



§ 144



The surrender and withdrawal of the complaint



(1) an authorized person may expressly waive the complaints.



(2) an authorized person may take the complaint specifically back until about

It has not been decided. A complaint to the public prosecutor may take back

State representative of the parent.



(3) a complaint made in favour of the accused or other authorised person

for the accused by counsel or legal representative, can be taken back only

with the express consent of the accused. The Prosecutor may, however, take

such a complaint back and without the consent of the accused. In this case, running

the accused person, the new deadline to submit complaints of the notification that the complaint

has been withdrawn.



(4) the Withdrawal of a complaint, unless the obstacles, the resolution noted the

the authority called for a decision on the complaint, and if the matter was not before this

submitted to the authority, the authority, against whose decision the complaint is made; in

proceedings before the Court makes this decision the President of the Senate.



§ 145



Stížnostní reasons



(1) the resolution can be challenged



and for some of its inaccuracy) of the operative part, or



(b)) for violation of the provisions on the procedure, which was preceded by resolution,

If the breach could cause one of the operative part

the resolution.



(2) the complaint may be to rely on new facts and evidence.



§ 146



Proceedings before the authority against which the resolution of the complaint is directed



(1) the Authority against which the resolution of the complaint is directed, it can satisfy itself,

If the change does not concern the original resolution of the rights of the other parties to the criminal

control. With regard to the resolution of the police authority, which has been issued with

the prior consent of the Prosecutor or on its instruction, the

the police complaints authority upheld only with the prior consent of the

the public prosecutor.



(2) if the time limit for lodging a complaint already to all entitled persons

has elapsed and the complaints have been upheld pursuant to paragraph 1, it shall submit the matter to

the decision of the



and) police authority to the Prosecutor, who shall exercise the above preparatory

management supervision, and in the case of a complaint against a resolution, to which the State

the representative gave the consent or instructed by supervisor

to the Prosecutor,



(b)), the State Prosecutor a superior public prosecutor or the Court,



(c) the presiding judge of the District Court) of the superior regional court,

President of the Chamber of the regional court superior to the High Court and the President of the

the Chamber of the High Court to the Supreme Court; in doing so, deliver, if it is

need a copy of the complaint to the Prosecutor and to the person who could be

decision on complaint directly affected,



(d)), the State Prosecutor, Prosecutor's Supreme

the public prosecutor.



§ 146a



Deciding on the complaint against the decision to ensure the people, things and

assets and imposing a fine



(1) a complaint against the decision authorising the Prosecutor



and binding), decided to, unless the decision to release the accused from

binding without the adoption of one of the measures of the replacement link,



(b)), decided to request the lifting of restrictions which prohibit

travel to foreign countries, imposing an interim measure (§ 88 m para.

2), that the meeting of the accused shall not be approved with a damaged, by a person he

nearby, or another person (section 88 d, paragraph 2), or the application for revocation

an interim injunction (section 88n (3)),



(c)) ensure funds on account with a Bank, or savings and

credit cooperatives or other institution that leads the account for another,

decided to block the pension insurance funds,

State contribution, the blocking of the funds of the supplementary pension

saving, pumping the financial credit and block block financial

rent, decided to limit such seizure or blocking of, or

has not complied with a request for revocation or limitation of such collateral or

block (§ 79a, paragraphs 1, 3, 4 and § 2),



d) secured the uncertificated securities, decided to limit such

security or has not complied with a request for revocation or limitation to ensure

book-entry securities (section 79c (5)),



e) ensure real estate, decided to secure a property constraint, or

has not complied with a request for revocation or limitation of such a provision (section 79 d

paragraph. 1, 7 and 8),



(f) intangible thing) decided on the restrictions ensure the intangible things,

or has not complied with a request for revocation or limitation of such a provision (§ .79e

paragraph. 1 and 8),



g) ensure a replacement value, decided on the restrictions to ensure replacement

values, did not perform the Act concerning secured replacement

values, or has not complied with a request for revocation or limitation of such

provision (section 79e)



h) changed the reason for ensuring things (§ 79 grams),



I) secured the assets for the purpose of securing a claim of the injured party or decided

on the limitation of collateral, did not perform the Act concerning

seized property, or has not complied with a request for revocation or limitation

such a provision (section 47 and section 48, paragraph 2 to 4)



(j) ensure that the assets of the accused) for the purposes of the performance of a financial penalty, or

the penalty of confiscation of property, judgment on restrictions ensure did not

the Act relating to the seized property, or has not complied with

a request for revocation or limitation of such a provision (section 344a, 344b, 347 and

349)



to) decided to imposing a fine (section 66 (1)) or



l) decided to destroy the things threatening the safety of people or property (section

op.81B paragraph 1. 1),



as a rule, shall decide within five days after the expiry of the time limit for lodging a complaint

all eligible persons to the Court in whose circuit is active, the State Prosecutor,

that issued the contested decision.



(2) a complaint against the decision of the police authority under section 66 paragraph 1. 1,

Section 79a of the paragraph. 1 and 3, § 2, § 79c para. 2, 3 and 5, § 79 d of paragraph 1. 1 and 7, §

.79e para. 1, 2 and 8, section 79e para. 2 or § 79 grams shall act within the time limit referred to


in paragraph 1, the Court in whose district the is active, the State Prosecutor, who

things shall exercise supervision of adherence to legality in preparatory proceedings.

The matter for decision to the Court Prosecutor.



The decision of the superior



§ 147



(1) when deciding on the complaint shall examine the superior authority



the accuracy of all statements) of the contested order, against which may

the complainant to file a complaint, and



(b) the proceedings preceding the contested resolution).



(2) where a complaint relates to only some of the more people or just some of the more

things about which it has been decided by the same resolution, examine the superior authority

only the correctness of the statements relating to that person or the Affairs and management of the

the previous section examined the resolution.



§ 148



(1) superior authority rejects the complaint



and if it is not permitted),



(b)) was made out of time, an unauthorized person, person who is she

expressly waived or that again filed a complaint already before the

explicitly took back or



(c)) is not a reason.



(2) as a lazy cannot be rejected a complaint by the person entitled

filed out of time just because they followed the wrong lesson to her

When notice was given of a resolution.



§ 149



(1) if the superior body does not reject the complaint, cancels the contested order, and

If you need to, as the case of the new decision, either



and) Decides to himself in the matter, or



(b)), whose authority stores the decision the complaint is directed to the things

again and decided.



(2) the court adjudicating on the complaint against the decision on the suspension of the criminal

the prosecution may also, if it is for the appropriate clarification of the items needed, when

annulment of the contested resolution to refer the case back to the Prosecutor for investigation, and

even in that case, that the prosecution was stopped after the regulation

the trial (§ 223 and 233). The provisions of section 191 applies here.



(3) if the defective part only of the contested order, and if it can be separated from the

the other, or if the complaint relates to only part of a resolution (section 147 (2)),

limits the superior authority of its decision referred to in paragraph 1 only to the part.



(4) if the defect in the fact that in the contested resolution a statement missing

or is incomplete, the superior authority, said without the annulment of the contested

resolution, either alone or added to it, is to save the authority against which

the decision of the complaint is directed to the operative part of a decision, or about a missing

an incomplete statement said.



(5) the court adjudicating on the complaint may, if it considers it necessary, order the

that thing was again discussed in the first instance and was decided in

Another composition of the Senate or another court of the same species and the same grade in the

its perimeter.



(6) the authority to whom the case was returned for reconsideration and decision, it is

When the decision is bound to the legal opinion, which in the case expressed

the superior authority, and is required to perform the tasks, the implementation of this

Authority has ordered.



§ 150



(1) the authority of the ruling on the complaint cannot change its premises

the resolution, to the detriment of the person who filed the complaint or in the

favour of the complaint was filed.



(2) if the superior authority of the resolution in favour of the accused for the reason

that also benefits the one spoluobviněnému, also in the resolution changes

the benefit of this spoluobviněného.



(3) the provisions of paragraph 1 shall apply mutatis mutandis for the authority to whom the case was

ordered a new hearing and decision.



CHAPTER EIGHT



The costs of criminal proceedings



§ 151



The costs of criminal proceedings, which shall be borne by the State



(1) the expenditure required for the implementation of the criminal proceedings, including proceedings

enforcement shall be borne by the State; However is not its own costs of the accused,

the person concerned, and the injured party, or by selecting the releases caused by the defence counsel and the

the monitoring trustee. However, the State bears the cost of necessary defence which the accused

as a result of filing a complaint for violation of the law.



(2) Defender, who was appointed to the accused person has towards the State are entitled to

remuneration and reimbursement of cash expenses, according to specific rules. ^ 2) claim is

to be redeemed within one year from the date when the Defender learned that

the duty to defend is over, otherwise the claim shall cease; This claim,

If a payer of value added tax, shall be increased by the amount corresponding to

This tax, which is a defense attorney must pay for representation and of refunds

cash expenses payable under special legislation. ^ 3)

The provisions of the second sentence shall also apply in the case where the Attorney is

a companion legal persons established under special legislation

governing advocacy ^ 3a) and the tax payer is this legal

person.



(3) the amount of remuneration and the reimbursement of cash expenses shall, on a proposal from the advocate

body active in criminal proceedings, who led the proceedings at a time when advocates

the duty to defend is over, and without undue delay, no later than

within two months of filing the application. In the proceedings before the Court shall decide the President of the

the Senate of the Court of first instance. On a proposal from the advocate can authority

criminal proceedings to adopt measures to ensure that a lawyer has been given yet

before the end of the prosecution a reasonable advance on the remuneration and compensation

cash expenses, if this is justified by the duration of the criminal

prosecution or other serious reasons.



(4) against the decision referred to in paragraph 3 shall be admissible, a complaint that has

suspensory effect.



(5) the Remuneration and reimbursement of cash expenses must be paid without undue

delay after their return, not later than 30 days.



(6) the provisions of paragraphs 2 to 5 shall be used for deciding the amount of

remuneration and the reimbursement of cash expenses of the chosen defence counsel that the accused has

entitled to free defence or defence for a reduced fee, and

designated agent of the injured party.



§ 151a



(1) an accused person who is entitled to a free defence or defence

a reduced fee, and the injured party which is entitled to the provisions of the agent,

may request that the President of the Senate and in preliminary proceedings, the Prosecutor

decided that the State will bear the costs of the assessment, which

the accused or damaged. The request cannot be satisfied, if such

proof is not to elucidate things apparently takes the same or to

proving the same facts already requested authority in criminal proceedings.



(2) against the decision referred to in paragraph 1 shall be admissible complaint.



The obligation to pay the costs of criminal proceedings



§ 152



(1) If a defendant has been finally convicted, is obliged to compensate

State



and performance) costs associated with the binding,



(b)) and finished the expenditure effected a nominated defenders of the State, if

the defence is not entitled to a free,



(c)) the costs associated with using electronic control system in

conditional release from imprisonment,



d) costs associated with the performance of imprisonment and with the power of punishment

house arrest and



e) lump-sum payments other costs borne by the State.



(2) the daily rate attributable to the costs associated with the performance of the binding, the cost

associated with the use of an electronic control system when the conditional

release from prison and the costs associated with the performance of

the sentence of house arrest, and the method of payment of these costs down

The Ministry of justice generally binding legal regulation.



(3) a lump sum referred to in paragraph 1 (b). e) lays down the General

binding legislation, Ministry of Justice.



(4) the costs associated with the performance of a sentence it modifies

the law on imprisonment.



section 152a



To manage the payment of the debt claims referred to in § 152 paragraph 1. 1 proceed

According to the tax code.



§ 153



(1) the person who filed the appeal or the proposal completely to no avail on the retrial,

the State is obliged to pay the costs of this proposal, and that the flat-rate

the amount, which is determined by the Ministry of justice generally binding

legal regulation. Furthermore, is obliged to compensate the State reward and finished

expenditure advocates, if it was in the context of such a proposal is appointed,

unless the accused is entitled to defence or the defence of a free

a reduced fee.



(2) the obligation to compensation referred to in paragraph 1 does not affect the State Attorney

and the authority responsible for the care of young people.



§ 154



The obligation to refund the cost of the damaged



(1) if the injured party is at least in part, entitlement to compensation

or non-material damage in money or unjust enrichment,

the person to whom an obligation to compensate for damage or non-material

harm or unjust enrichment is stored, shall be obliged to

to replace the injured party whether or not the costs needed to effective application of this

the claim in the criminal proceedings, including the costs incurred in retaining an agent.



(2) the Court even if the victim was not entitled to compensation

damages or non-material damage in money or unjust

enrichment or in part, shall, on application of the injured party that is

to the person obliged to pay the injured party stores all or part

costs associated with the participation of the victim in criminal proceedings (article 155 para.

4), unless the nature of the case and the circumstances of the case, in particular,

the contributory negligence of the injured party. For reasons worthy of special consideration, compensation

be reduced accordingly; taking into account in particular the nature of the offence,


personal and financial circumstances of the injured party and the convicted person. The reduction cannot be

This, in the case of an intentional criminal act.



Deciding on the obligation to reimburse the costs of criminal proceedings and on their

the amount of the



§ 155



(1) on the obligation of the convicted person to pay costs associated with the performance of

binding and of the obligation to pay remuneration and cash expenses paid

the appointed lawyer by the State [§ 152 paragraph 1 (b)), b)] decides, after

Chairman of the Board of the judgment court of first instance.



(2) on the obligation of the convicted person to pay costs associated with the performance of

the sentence of house arrest will decide after the sentence or part thereof

the President of the Senate of the Court of first instance. ".



(3) on the obligation of the convicted person, who has been conditionally released from exercise of

imprisonment, to pay the costs associated with the use of electronic

control system of the President of the Chamber of the Court shall decide that the convicted person from

imprisonment. In doing so, shall apply mutatis mutandis

specific legal provisions governing reimbursement of costs associated with the performance of

the sentence of house arrest, and the method of payment.



(4) on the obligation of the convicted person to replace the injured party the costs required to

effective exercise of the right to compensation for damage or non-material damage or

on the issue of unjust enrichment in the criminal proceedings or other costs

related to the participation of the victim in criminal proceedings and on their level of

After the judgment, shall decide on the proposal of the President of the Senate of the injured party

Court of first instance; the claim is to be applied within one year of legal

the power of conviction, otherwise ceases to exist.



(5) on the obligation of the convicted person to pay the costs incurred by the State to the provisions of

Agent to the victim and the amount thereof shall decide, after the judgment

the President of the Senate of the Court of first instance without an application.



(6) against the decisions referred to in paragraphs 1 to 5 shall be admissible a complaint that

shall have suspensive effect.



§ 156



If the amount of the fixed costs [section 152 (1) (b), (e)) and §

paragraph 153. 1] kolkovými marks have not been paid, it shall decide on the obligation to

to their reimbursement by the judgment of the Court of the first President of the Senate

the degree.



PART TWO



Preliminary proceedings



§ 157



General provisions



(1) the Prosecutor and the police are obliged to organize their

activities so as to effectively contribute to timeliness and merits test of criminal

prosecution.



(2) the Prosecutor may save police authority implementation of such

operations, which is the authority empowered to do so, and they may need to

the clarification of the case or to identify the perpetrator. To examine the facts

indicating that a crime has been committed, is a State representative

Additionally entitled to:



and require from the police authority) files, including the files in which it was not

initiated criminal proceedings, documents, materials and messages about how to

polling notifications,



(b) withdraw any thing) police authority and to take measures to ensure that

the case was ordered to another police authority,



c) temporarily postponed the commencement of prosecution.



(3) in serious and complex cases in may, the public prosecutor or

Police take advantage of technical support consultant who has knowledge of

a special field of study. A proposal for the selection of a person as a consultant may

also ask the Administrative Office, other authority, scientific or research

institution. About to bring in a consultant to draw up a State Prosecutor or police

authority record. With the consent of the public prosecutor or the police

authority, the consultant to the extent necessary for the performance of its functions

access to the file and to be present at the execution of acts of criminal proceedings.

To perform tasks, however, must not interfere. Of all the facts on which the

the consultant learned during the criminal proceedings, shall

maintain confidentiality. The exclusion of the consultant shall be used

specific provisions on the experts and interpreters. The participation of a consultant

does not relieve the State Attorney and the police of responsibility for the legal

the progress of the criminal proceedings.



section 157a



Application for examination of the procedure of the police authority and the public prosecutor



(1) a person against whom the criminal proceedings and the injured party have the right to

at any time during preliminary proceedings to ask the Prosecutor to

eliminated delays in proceedings or defects in the procedure of the police authority.

This request is not bound by the deadline. The request of the public prosecutor must be immediately

present and the Prosecutor must immediately deal with it. On the outcome of

a review of the applicant must be notified.



(2) an application for the removal of delays in proceedings or defects in the procedure of the State

the representative of the public prosecutor shall be handled immediately increased the State

the Prosecutor's Office.



THE HEAD OF THE NINTH



Before you begin criminal prosecution procedure



§ 158



(1) a police authority shall on the basis of its own findings, criminal

announcements and suggestions of other persons and bodies, under which you can make

conclusion on suspicion of having committed a criminal offence, to take all necessary

investigation and measures to detect facts indicating that it has been

committed a crime, and to examine its perpetrators; is obliged to

do also the necessary measures for the prevention of crime. In charge of

the authorities of the prison service of the Czech Republic shall immediately notify the General

inspection of security forces, once such an investigation.



(2) notice of the facts indicating that has been committed

offence, is obliged to receive the Prosecutor and police authority.

In doing so, the Notifier is required to learn a lesson about responsibility for consciously

false information, and if the developer so requests, within one month from the

notification to notify of the measures taken.



(3) to initiate the operations of the criminal proceedings to clarify and examine

the facts reasonably indicating that a crime has been committed,

draws up a police authority shall immediately record stating factual

the circumstances in which the procedure is commenced, and the way they are

learned. A copy of the record shall, within 48 hours of the start of criminal proceedings

the public prosecutor. If there is a risk of delay, the police authority

record draws up after making the necessary urgent and unrepeatable

the acts. To clarify and examine the facts reasonably indicating

that a crime has been committed, the police provided the necessary documents

and the necessary explanations and ensures traces of the offence. In the context of the

shall be entitled to, in addition to the acts referred to in this title, in particular



and require an explanation from) natural and legal persons and State

authorities,



(b) require the professional comments from) the competent authorities, and if it is for

adjudication of the matter must, whether or not expert opinions,



(c)) to cater to the necessary documents, in particular the writings and other written

materials,



(d)) to perform an inspection of the case and the crime scene,



e) require under the conditions specified in § 114 of blood test or

another similar act, including the collection of the required biological

material,



(f)) to capture audio and video records of persons, under the conditions laid down in

§ 114 scan fingerprints, make necessary a person of the same sex or

doctor examination of the body and its external measurements, if it is necessary to

the identification of the person or to detect and stop or capture

the consequences of crime,



(g)) under the conditions provided for in § 76 to apprehend the suspect,



(h)) under the conditions set out in section 78 to 81 make decisions and measures in

those provisions implied by,



I) in the manner specified in the title of the fourth to carry out emergency or

unrepeatable acts, if under this law for their implementation

does not belong to the exclusive competence of another authority participating in criminal proceedings.



(4) the individual acts of criminal proceedings to clarify and examine

the facts reasonably indicating that a crime has been committed,

can also be carried out at the request of other police authorities.



(5) when making an explanation has every right to legal assistance of a lawyer.

If the explanation is required from a minor, it should be about the Act in advance

notify its legal representative; This does not apply if the Act

cannot be delayed, and notice of the legal representative cannot be ensured.



(6) an explanation of the content that are not urgent or

second chance Act, draws up the official record. The official record is used

to the Prosecutor and the accused person to consider the proposal, that the person who

such explanations were made, was heard as a witness, and of the Court to

the consideration of whether such evidence. The official record of the proceedings before the Court can

used as evidence only under the conditions laid down in this law. If the person is

who explain, later interrogated as a witness or as the accused,

He can't be read, record, or otherwise noted its contents.



(7) the police authority may ask the person to come to the Administration

explanation in due time to the specified location; in proceedings for a crime is

a person required to comply with the call immediately. If the person who has been duly

asked to explain, without sufficient justification, it may be

demonstrated. On this and on other consequences (section 66) shall be such

the person has been advised.



(8) the Explanation referred to in paragraph 3 shall not be required from those who would

It has broken the state explicitly the stored or recognized the obligation to


confidentiality, unless he was relieved of this obligation by the competent authority

or in whose interest has this obligation. Person making an explanation

with the exception of the suspect is required to testify the truth and nothing nezamlčet;

explanations may refuse access if it caused the risk of criminal

the prosecution itself or to the persons mentioned in § 100 para. 2; about how it should be

the person from whom it is required an explanation in advance. Where revision

found the circumstances of the person submitting an explanation will need to be as

the witness to provide protection to consider when drafting an official record

proceed in accordance with § 55 para. 2.



(9) if the testimony of the person the nature of the urgent or unrepeatable

the Act, the police authority it shall be heard as a witness, under the conditions referred to in

section 158a. As a witness shall be heard and a person under 15 years of age and the person on the

the ability to correctly and completely to perceive, remember, or

reproduce are considering her mental state.

If it can be assumed that further examination of criminal complaint or

Another initiative, criminal prosecution will take longer, in particular

Therefore, it is not known to the person for whom it is sufficiently justified the conclusion

that the offence committed, and as a result, you cannot initiate criminal

prosecution and risk losing the probative value of the testimony, it is possible to hear the

as a witness and the person whose testimony has provided a reasoned, provided

of decisive importance for the initiation of criminal prosecution, where revision

the established facts that could be on such a person for his or her

testimony, or threatens to pressure for another reason, that will be affected by

her statement. If these people were not interrogations after the initiation of criminal

the prosecution conducted pursuant to section 164 paragraph again. 4, can be logs of their

testimony in the trial or read the video and sound recordings

about their interrogation, carried out by the public prosecutor

device play only pursuant to section 211 para. 1, para. 2 (a). and), para. 3

(a). (b)), (c)); otherwise, you can only say their interrogation logs

under section 212.



(10) Who will come to the call for submission of explanation, is entitled to reimbursement

the necessary expenses under special legislation governing travel

compensation and the proven loss of earnings under the same conditions as a witness.

The claim is not the one who has been invited to appear for their illegal

the negotiations.



(11) if the measures or operations referred to in the preceding paragraphs, other

police authority than the Police Department of the Czech Republic, the subject

the Investigation Department of the police of the Czech Republic immediately, that would otherwise be

responsible for the proceedings. If a dispute arises between the service of the police of the Czech Republic and

Another dispute about the jurisdiction of the police authority, shall refer the matter to the assessment

the public prosecutor. Its opinion is binding.



(12) if the facts indicating that it has been

committed a crime, found that appropriate management is the General

inspection of security forces, police authority about the subject of the investigation

shall immediately inform and give her. Until general inspection

security forces will take over the case, the police authority is authorized to perform

only urgent and unique acts. If a dispute arises between the police

authority and the General inspection of security forces dispute on jurisdiction,

the police authority of the thing shall be submitted for assessment to the competent public prosecutor.

Its opinion is binding. The provisions of paragraph 11 shall not apply.



section 158a



If the facts indicating that has been committed

offense, and his discovery of the offender must perform emergency or

unrepeatable Act consisting in the hearing of a witness or in the rekognici,

does the design of the public prosecutor, such an act with the participation of the judge;

the judge in that case shall be responsible for the legality of the Act and to

the objectives of the Act can intervene. However, it is not for judges

to review the Prosecutor's conclusion that the Act is in accordance with the law

urgent or unrepeatable.



Operatively-search resources, and their conditions of use



§ 158b



(1) unless otherwise stipulated, the police authority, if it was

commissioned by the competent Minister, in the case of service of the police of the Czech Republic,

Chief of police, if it is a general inspection of the safety

Corps, its Director, in the case of the Department of military intelligence, his

the Director, and in the case of service of the security information service, its

Director, and if it is a service of the Office for foreign relations and information,

its Director, authorized in the management of intentional crime use

operatively-search resources, which mean



and feigned conversion)



(b)) to monitor persons and objects,



(c)) the use of the agent.



(2) the use of resources must not watch search operatively other interest

than getting the facts important for criminal proceedings. These resources

can be used only if you cannot achieve the purpose pursued otherwise

or if it was otherwise would achieve substantially difficult. Rights and freedoms

people can be restricted only to the extent absolutely necessary.



(3) Audio, video and other records obtained when using the operationally

Search the resources in a manner consistent with the provisions of this Act,

It can be used as evidence.



§ 158c



Feigned conversion



(1) the Mock transfer shall mean purchase, sale, or obfuscation

Another way of transfer of the subject of performance including the transfer case,



and for which possession is) need a special permit,



(b) the holding of which is not permitted),



(c)) that comes from the offence, or



(d)) which is intended to commit a crime.



(2) the Canadian transfer can take place only on the basis of the written

the authorization of the public prosecutor.



(3) where the matter does not tolerate delay, can be feigned transfer without

the authorization. The police authority is, however, obliged to permit without delay

Additionally, if the 48 hours does not receive, shall be obliged to

implementation of the předstíraného exit and transfer the information that is in this

the context of learned not to use in any way.



(4) a transfer shall draw up a mock police authority record to 48

hours delivers to the Prosecutor.



§ 158d



Tracking people and things



(1) the Monitoring of persons and things (hereinafter referred to as "tracking") means the obtaining

the knowledge of the persons and property carried out by classified means, both technical

or by other means. If the police authority in monitoring detects that

the accused and his defence counsel communicating, is obliged to record the content of this

destroy the communication and knowledge learned in this context,

not use in any way.



(2) the monitoring, which are to be procured through the sound, image, or

other records can be made only on the basis of the written permission

the public prosecutor.



(3) If monitoring is to be interfered with to the inviolability of the dwelling, to

postal secrecy or discovered the contents of other documents and records

held in private in the use of technical means, can be

take place only on the basis of prior authorization of a judge. When entering the

the dwellings shall not be carried out any operations other than those that are directed

to the position of technical means.



(4) the authorisation referred to in paragraphs 2 and 3 may be issued only on the basis of the written

request. The request must be justified suspicion of a particular criminal

activity and, if known, whether the particulars of the persons or things to be

tracked. In the authorization must be determined the period during which it will monitor

carried out and which may not be longer than six months. This time, the

who authorised the monitoring, on the basis of a new request in writing extend the always

for a maximum period of six months.



(5) if the matter does not tolerate delay, and unless the cases referred to in paragraph 3,

You can start tracking without permission. However, the police authority is obliged to

authorisation without delay and, if retrofitted them to 48 hours

does not receive, shall be obliged to end the monitoring, any record to destroy and

the information that is learned in this context, not to use in any way.



(6) without meeting the conditions referred to in paragraphs 2 and 3 may be watching this,

unless expressly agrees that the rights and freedoms is to be

monitoring of tampered with. If such consent is subsequently revoked,

tracking is immediately stopped.



(7) Has to be taken when monitoring recording used as evidence, it must be

to connect to the Protocol with the formalities referred to in section 55 and 55a.



(8) if they were not really important when monitoring detected for

criminal proceedings, it is necessary to destroy the records in the prescribed manner.



(9) the operators of telecommunications activities, their employees and other

persons for the operation of telecommunications activities involved, as well as

and mail or the person performing the transport of consignments shall not:

provide the police authority performing the monitoring according to his instructions

the necessary assistance. While confidentiality cannot be invoked

provided for by special laws.



(10) in another criminal case, than the one in which the monitoring under the conditions

referred to in paragraph 2 carried out, can be taken in monitoring and recording

the attached protocol used as evidence only if also in this case

proceedings of the intentional crime or with the consent of the person to


whose rights and freedoms have been watching at all.



section 158e



The use of agent



(1) If criminal proceedings for a crime for which the law provides for the

a custodial sentence of a maximum criminal at least eight years, for

an offence committed for the benefit of organized criminal groups, for

the crime plots in insolvency proceedings under section 226 of the criminal

code, violation of the rules on competition rules under section

paragraph 248. 1 (b). (e)) and paragraph 2. 2-4 of the criminal code, the negotiation of benefits

When the award of the contract, when the public competition and auction, according to the

section 256 of the criminal code, the plots in the award of public contracts and

public competition pursuant to section 257 of the criminal code, the public schemes

auction under section 258 of the criminal code, the abuse of power of a public official

under section 329 of the Penal Code, passive bribery pursuant to section 331 of the criminal

code, bribe under section 332 of the criminal code, the indirect

bribery pursuant to section 333 of the criminal code or other wrongful

an offence for which prosecution agrees to a renowned international treaty,

the Czech Republic is bound, is a police authority, if it is

Department of the police of the Czech Republic or the General inspection of the safety

use the agent shall be entitled to congregations.



(2) the agent is a member of the police of the Czech Republic or the General

inspection of security forces filling the tasks assigned to him by the management

the police authority, acting as a general rule, the concealment of the actual

the purpose of their activities. If it is to use an agent, preparing it or to

its protection is a must for the concealment of his identity can be



and the legend of the other), create personal existence and personal data

from this legend, introduce into information systems operated by

special legislation,



(b)) to carry out an economic activity, to which they should be

a special permission, permit or registration,



(c) the jurisdiction of the police of disguise) of the Czech Republic or to the General

inspection of security forces.



(3) the public authorities are obliged to provide to the police of the Czech

Republic and general inspection of security forces without delay

necessary assistance in carrying out the permission referred to in paragraph 2.



(4) the use of an agent authorised to draft the public prosecutor of the high

the Prosecutor's Office, High Court judge within whose jurisdiction is the State

Representative, submitting, active. The authorisation shall indicate the purpose of the

the use and the time during which the agent will use, and enabling the

identify the agent. On the basis of a new proposal, containing the evaluation

the former agent, you can extend the period of the permit, and even

repeatedly.



(5) to track people and objects in the scope specified in § 158d para. 2 and the

the implementation of předstíraného transfer pursuant to section 158c, the agent doesn't need another

the authorization.



(6) the Agent is obliged to operate such resources that

are eligible to fulfill his professional task and which is not otherwise

persons suffering injury on their rights beyond what is strictly necessary.

Other obligations under a special law governing the position of

members of the police of the Czech Republic or by a special Act

adjusting the position of the members of the General Inspectorate of security

Corps does not have.



(7) the public prosecutor is obliged by the competent police authority

require the data needed to assess whether there are grounds for the use of

Agent and whether its activities in accordance with the law. The following information is

shall regularly, at least once every three months, assess, and

no longer exist if the reasons for an agent, give police authority to instruct it to

immediate termination of the activities of the agent. The police authority is obliged to

submit to the Prosecutor record of the result of the use of the agent.



§ 158f



If the reason for the use of search devices to operatively

the initiation of criminal proceedings, proceed in accordance with § 158b to 158e; After

indictment of their use is decided by the President of the Chamber of the Court of

of first instance without an application by the public prosecutor.



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The end of the scan



§ 159



(1) a police authority is obliged to examine the facts suggesting

that a crime has been committed,



and) within two months of their adoption, in the case of a thing belonging to the

the jurisdiction of a single judge, in which there is no abbreviated preparatory proceedings,



b) within three months, in the case of other thing belonging to the jurisdiction of the district

the Court, and



(c)) within six months, if it is a thing belonging in the first instance to the

jurisdiction of a regional court.



(2) If a notice or other initiative within the time limits referred to in

paragraph 1 to be examined, police authority to the Prosecutor in writing

reasons, why it was not possible in the time limit stipulated by the verification

end up, what tasks still need to be done and how long it will

continue scanning. The State Prosecutor may instructing police authority

First, change the enumeration of acts that have yet to be made, on the one hand

to provide for a period during which differently has yet to take a scan.



(3) if the police authority does not terminate the scan time limit extended pursuant to

paragraph 2, he shall submit the dossier to the Prosecutor by a reasoned proposal on the

its extension. The Prosecutor shall proceed mutatis mutandis, as shown in the

paragraph (2).



Section 159a



Postponement or other stuff pending



(1) except in the case of a suspicion of an offence, the public prosecutor or

the police authority of the thing, if the resolution is postponed is not in place to settle

thing else. Such expediting may be particularly



and submission to the competent authority of the case) to discuss the offence or other

the administrative offense, or



(b) commits stuff to another body) to kázeňskému or kárnému.



(2) the public prosecutor or police authority prior to the initiation of criminal

the prosecution shall postpone the resolution of the matter, if the criminal prosecution is inadmissible pursuant to §

11.



(3) the public prosecutor or police authority may, prior to the initiation of criminal

prosecution to postpone the resolution of the matter, if the prosecution is purposeless because

in the circumstances referred to in section 172 para. 2 (a). a) or (b)).



(4) the Prosecutor may defer if the results of the scan

It is apparent that there is a circumstance referred to in section 172 para. 2 (a). (c)).



(5) the Prosecutor or the police authority also postpones the matter if the

Unable to determine the facts entitling to initiate criminal prosecution (§

160.) if the reasons for postponement have ceased to exist, the prosecution begins.



(6) the resolution on the postponement of the matter must be delivered to the victim, if the

I know. Resolution on the postponement of the things referred to in paragraphs 1 to 5 shall be delivered to the

within 48 hours to the Prosecutor. The notifier shall inform about the postponement of the case,

If, pursuant to section 158 paragraph 2. 2.



(7) against the resolution on the postponement of the case the injured party referred to in paragraph 6

to file a complaint, which has a suspensory effect.



section 159b



Temporary stay of criminal prosecution



(1) if it is necessary to clarify the crimes committed in the

favour of the organized criminal group, or deliberate

of the offence, or the findings of their perpetrators, the police authority

with the consent of a prosecutor temporarily postponed the commencement of

prosecution on as long as necessary, but no longer than two months.



(2) if the reasons for which prosecution was deferred temporarily,

the Prosecutor may, on a proposal of the police authority must agree with

extension of the period referred to in paragraph 1 for a maximum of another two months, and

It repeatedly.



(3) on the temporary postponement of the criminal prosecution of police authority shall draw up

a copy of the record to 48 hours shall be sent to the Prosecutor.



(4) if the reasons for the temporary stay of criminal prosecution, the police

institution of criminal prosecution shall be initiated forthwith.



THE HEAD OF THE TENTH



The initiation of prosecution, the next steps in it and the shortened preparatory

control



THE FIRST SECTION



Commencement of prosecution



§ 160



(1) if the revision of the examination under section 158 established and justified

the fact that the crime was committed, and if it is sufficiently

justified by the finding that a person has committed, it decides to police authority

without delay to initiate the prosecution of that person as the accused,

If there is no reason to the procedure under Section 159a para. 2 and 3, or section 159b of paragraph 1.

1. the operative part of the resolution on the initiation of the criminal proceedings must contain a description of

deed from which the person is accused, so that it cannot be confused with the

the other, the legal designation of an offence, which in this deed

seen; the accused must be in the resolution on the initiation of criminal prosecution

marked with the same information, which must be given in respect of the person of the accused in the

the judgment (article 120, paragraph 2). In the preamble to the resolution you need to accurately mark the

the facts that justify the conclusion on the merits test of criminal prosecution.



(2) a copy of the resolution to initiate a criminal prosecution must be delivered

the accused no later than the beginning of the first interview and to 48 hours

to the Prosecutor and defense lawyers; for a defender, that period shall run from the delivery

his election or provision. A copy of the resolution on the initiation of criminal

the prosecution must also be delivered to the injured party, if his residence or

the seat of the famous and if expressly so requests. A copy of the resolution on the initiation of the


the prosecution advocate should be delivered to the Minister without delay, also

of Justice and the President of the Chamber. A copy of the resolution on the initiation of criminal

the prosecution of a member of the police of the Czech Republic, a member of the prison service

services of the Czech Republic and/or customs officer or employee of the United States,

qualified to work in the police of the Czech Republic, the prison service

The United States, or in the customs administration of the Czech Republic delivers General

inspection of security forces is also the Director of the competent security

the choir.



(3) a police authority shall carry out the necessary urgent or unrepeatable

acts, and the prosecution if you cannot reach to these acts

carried out by the competent authority, and at the latest within three days of their implementation

shall transmit the case to the authority, which continues to control.



(4) the Emergency Act is such an Act, that due to the risk of

the destruction, destruction or loss of evidence does not tolerate in terms of the purpose of the criminal

the proceedings for a period of grace before prosecution.

A unique Act is such an act that will not be before the Court

to do this. In the Protocol on the implementation of urgent or unrepeatable

the Act should always be noted, on the basis of which the Act was in fact

urgent or unrepeatable is assumed.



(5) If during the investigation revealed that the accused committed the next

deed that is not listed in the resolution on the initiation of criminal proceedings,

proceed on this deed in the manner specified in paragraphs 1 and

2.



(6) If during the investigation revealed that the Act for which it was

prosecution is another crime than in

resolution on the initiation of criminal prosecution of legally assessed shall inform the

the police authority of the accused and shall make a record of it in the log.



(7) against the decision to initiate the criminal prosecution of the accused may submit a

the complaint.



SECTION TWO



The investigation of



§ 161



Investigative bodies



(1) the investigation indicates the section of the criminal prosecution before submitting

the indictment, the application for approval of the agreement on the guilt and punishment, through

another body or the cessation of criminal prosecution, including the approval of the

settlement and conditional cessation of criminal prosecution before submitting

the indictment.



(2) unless otherwise provided by law, investigation departments of the police of the Czech held

of the Republic.



(3) the investigation of crimes committed by members of the police of the Czech

of the Republic, members of the prison service of the Czech Republic, customs or

the staff of the United States registered to work in the police of the Czech

Republic and on offences committed by employees of the United States

included to work in the prison service of the Czech Republic or in

The customs administration of the Czech Republic in connection with the performance of their work

tasks, General Inspectorate of security forces.



(4) investigation of crimes committed by members of the General

inspection of security forces, members of the security information

the service, members of the Office for foreign relations and information, members of the

Military intelligence, or members of the military police and the

investigation about the crime of workers United Kingdom, classified

to work in the General inspection of security forces, held State

representative; in doing so, it shall proceed mutatis mutandis in accordance with the provisions governing the

the procedure of the police authority who had the investigation. The provisions on the consent of the

the public prosecutor, which is needed to perform the Act police authority,

with, of course. In the investigation of criminal offences committed by members of the

General Inspectorate of security forces, members of the Security

information services, members of the Office for foreign relations and information,

members of the military intelligence, or members of the military police

and in criminal investigations of employees of the Czech Republic,

included to work in the General inspection of security forces,

prosecutors can request the authorities referred to in § 12 para. 2 in the context of

their scope for action of individual evidence or perform

an individual act of investigation, on the taking of evidence or

the implementation of the Act, for a demonstration of the investigation of a person or in accordance with

§ 62 para. 1 service of documents. This authority is required to State

the representatives comply swiftly with.



(5) subject to the conditions referred to in section 20 (2). 1 held



and) General Inspectorate of security forces investigation referred to in paragraph 3

even against those spoluobviněným who are not members of the police of the Czech

of the Republic, members of the prison service of the Czech Republic and/or customs

or employees of the United States, included to work in the Police

The Czech Republic, the prison service of the Czech Republic or in customs administration

The United States,



(b) the Prosecutor's investigation) pursuant to paragraph 4 (i) against those

spoluobviněným who are not members of the General Inspectorate

security forces, members of the security information service,

members of the Office for foreign relations and information, or members of the

Military intelligence, or members of the military police, or

the staff of the United States, included to work in General

inspection of security forces.

The provisions of § 23 shall remain unaffected.



(6) the investigation may take place and the captain of the ship during the long-haul voyages of

crimes committed by the ship; in doing so it shall proceed mutatis mutandis

in accordance with the provisions governing the procedure of the police authority who had the

the investigation.



(7) the investigation of offences to the German armed forces

committed in the performance of tasks abroad can take place and the competent authority of the

The military police.



(8) the individual acts of investigation may also be carried out at the request of

other police authorities.



§ 162



Referral to the competent police authority held an investigation



(1) where a complaint or any other inducement to criminal prosecution

examined other police authority, other than that referred to in § 161 para. 2, and

the established facts justifying the initiation of criminal proceedings, this

the police authority shall refer the matter without delay to the authority competent to take place

the investigation. This does not affect the obligation on the basis of a letter of authority

trying to annotate individual evidence, investigation, or on the basis of

such an instruction to perform.



(2) if the police authority referred to in § 161 para. 2, which was

matter is referred to another authority, is not considered appropriate, it shall submit the writings

immediately with their opinion to the Prosecutor; otherwise, continues

control.



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§ 163



The prosecution with the consent of the injured party



(1) a prosecution for the offences of bodily harm (section 146

of the Criminal Code), a maiming of negligence (§ 147

of the Criminal Code), bodily injury by negligence (§ 148 of the criminal

Code), failure to provide assistance (article 150 of the Penal Code), failure to

help driver of means of transport (article 151 of the Penal Code),

risk of sexual diseases (article 155 of the Criminal Code), restraint

freedom under section 171 paragraph 2. 1, 2, of the criminal code, extortion by § 175

paragraph. 1 of the Penal Code, violations of House of freedom (section 178 of the criminal

Code), damage to foreign rights (section 181 of the Criminal Code), violations of the

the secret documents and other documents kept in private (section 183

of the Criminal Code), sexual coercion pursuant to § 186 paragraph. 1, 2

the criminal code, theft (section 205 of the Criminal Code), embezzlement (section

206 of the Criminal Code), unauthorized use of foreign matter (§ 207

of the Criminal Code), unlawful interference with the right to a House, flat or

nebytovému space (section 208 of the Penal Code), fraud (section 209

of the Criminal Code) handling stolen goods (section 214 of the Criminal Code),

offence of negligence (section 215 of the Criminal Code), usury (§ 218

of the Criminal Code), concealment (section 219 of the Criminal Code), violations of the

obligations in the management of foreign assets (section 220 of the Penal Code),

breach of the duty to manage the foreign assets of negligence (§ 221

of the Criminal Code), damage to the creditor (section 222 of the Penal Code),

damage to Foreign Affairs (section 228 of the Criminal Code), hazardous

threats (Article 353 of the Penal Code) and stalking (section

354 of the Penal Code) against a person who is in relation to the injured party

person against whom should the sufferer as a witness of the right to refuse to testify (para.

100 paragraph 1. 2), and criminal prosecution for the crime of rape under § 185

paragraph. 1, 2, of the criminal code against a person who is or at the time of

the crime was related to the victim by her husband, partner or companion, as well as

for the offence of drunkenness (section 360 of the Criminal Code), unless otherwise

the hallmarks of the merits of any of these offences can be

start and has already initiated prosecution to proceed only with the

the consent of the injured party. If the damaged one deed,

consent is sufficient if only one of them.



(2) if the injured party does not submit its observations to the Prosecutor or

the police authority in writing, its content is recorded in the log.


Consent to prosecution can corrupt an explicit statement to take

back at any time, up until the appeals court removes the

the final consultation. Explicitly denied consent, however, cannot be granted.



§ 163a



(1) the consent of the injured party to a criminal prosecution for any of the offences

the acts listed in § 163 para. 1 is not necessary if



and such offence was caused by) the death,



(b)) is not able to give consent is damaged for mental disease or disorder

for which it has been deprived of legal capacity, or for which

It was his capacity to perform legal acts is limited,



(c) the injured party is a person under the age) 15 years,



(d)), it is clear that consent was not given or was taken back in

distress induced by threats, duress, dependency or subordination.



(2) if the injured party to challenge authority participating in criminal proceedings

does not respond immediately, whether they agree with the prosecution under section 163, this

authority to provide him with the nature of things to express a reasonable period

but not more than 30 days. After expiry of this period no longer consent to

criminal prosecution could not give. About how it should be damaged in writing to learn.



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§ 164



The procedure for the investigation of



(1) a police authority shall proceed with the investigation on its own initiative,

to the extent necessary, as quickly as possible is searched for evidence to

clarify all the essential facts relevant to the assessment of the

of the case, including the offender, and the aftermath of a crime (section 89 paragraph 1.

1.) While progressing the way described in section 158 paragraph 2. 3 and 5; also conducts

other tasks according to the head of the fourth, with the exception of those, which is entitled to

perform only the Prosecutor or the judge. Interrogation of witnesses is carried out

If it is urgent or unrepeatable Act or in the case of

the questioning of persons under 15 years of age, a person whose ability to correctly and

completely to perceive, remember, or reproduce with regard to its

mental health concerns, or where revision of established facts

the fact that the witness could be pressured for his testimony. Otherwise,

the victim and other witnesses shall be heard only if there is a risk of another

the reason that will be affected by their testimony, or the ability to remember

the operative or the ability to reproduce, these facts

in particular, if the complexity of the case justified the assumption of a longer duration

the investigation. Without these conditions, it is possible, however, if it is necessary,

listen to the experts.



(2) Acts that were made before the commencement of a prosecution,

the police may not be repeated if they have been carried out in a manner

the corresponding provisions of this Act.



(3) the police authority finds and also performs under the specified conditions

the evidence regardless of whether there is evidence in favour of or against

of the accused. The accused must not be in any way to the testimony or confession

to be compelled. The defense of the accused and the evidence, if they are not

completely insignificant, must be carefully examined.



(4) If criminal proceedings were conducted before the start of hearings

witnesses under section 158 paragraph 2. 9 and if it can be such an act again, police

authority on a proposal from the accused either executes again and the accused person or

advocates will make such action took part in, or it will instruct on the law

seek a personal hearing of such witness in proceedings before the Court.



(5) except when it is under this Act require the consent of the State

the representative of the police authority makes all decisions on the procedure of investigation

and on the implementation of investigative measures separately, and is fully responsible for the

their legal and timely implementation.



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§ 165



The participation of the accused and the defence counsel in the investigation of



(1) a police authority may allow the participation of the accused in the investigative

operations and enabling it to put questions to the witnesses examined. In particular in

If the accused does not have the progresses, a defender is to act in the hearing

a witness, who has the right to refuse to testify.



(2) the Advocate is already from the start of criminal proceedings shall be entitled to be present

during the investigations, the results of which can be used as evidence

in the proceedings before the Court, unless the Act cannot be postponed and notification

about him. The accused and others he may ask questions, but

until the authority of the hearing ends and shall give to the word. Objections

against the way the implementation of the Act at any time can float in its progress.

If the defense lawyer questioning the witness, whose identity is supposed to be for reasons of

referred to in § 55 para. 2 secret police authority is required to adopt

the measures make it impossible to determine the real identity of the witness advocates.



(3) If an advocate shall notify the police authority that wants to participate in the

investigation of the Act referred to in paragraph 2, or if the Act in

the hearing of a witness who has the right to refuse to testify, is the police authority

timely manner to tell defense attorneys about what kind of action is involved, the time and place

its venue, unless you cannot defer action intimation and advocate

cannot be ensured. If the Act of the person in the hearing of a police authority

a lawyer shall communicate the information according to which such person can be identified.

If this information cannot be determined a priori, of the communication must be clear, to what it has

This person to testify. Notice of hearing of a witness whose identity is to be

for the reasons stated in § 55 para. 2 secret, may not contain the information referred to in

which it would be possible to determine the real identity of the witness.



(4) if the police authority shall be admitted pursuant to paragraph 1 in the implementation

investigation of the Act the participation of the accused, procedures for its vyrozumívání

Similarly, as mentioned in paragraph 3.



§ 166



The end of the investigation



(1) if the police investigation to be completed and its results for the

sufficient for the indictment, allow the accused, his lawyer and

the victim, who submitted the proposal, according to § 43 para. 3 if they are stay

or the seat of the injured party, known at the appropriate time to study the writings of

and to make proposals for investigation of the supplement. This option notifies the

the accused, his defence counsel and damaged at least three days in advance. If

the number of victims is very high, shall apply mutatis mutandis to section 44 para. 2. As referred to

period can be with the consent of the accused, the defence counsel and the injured party.

If the police authority does not consider the proposed supplement, rejects them.

About these tasks will make the police authority record in the file and to refuse

proposals to supplement the investigation shall notify the accused, his defence counsel or

the injured party. The accused, who took advantage of the right provided for in § 2 (2). 14, the

at the same time, to comment whether the requested transfer of certain

of documents pursuant to § 28 para. 4.



(2) do not use if the accused, his lawyer or a damaged options

study the writings, although they were duly warned, will make about

police authority record in the file and proceed as if this

the Act has occurred.



(3) after the end of the investigation shall submit to the authority of the police to the Prosecutor

the file with the design on the indictment list of the proposed evidence and the

justification as to why he has resisted proposals for additional evidence, or

make a proposal on some decision pursuant to § 171-173, § 307 or

According to section 309.



§ 167



the title launched



(1) a police authority shall be obliged to end the investigation no later than



and) within two months from the commencement of prosecution, if it is a thing belonging

the jurisdiction of a judge,



b) within three months from the commencement of prosecution, if it is a different thing

belonging to the jurisdiction of the District Court.



(2) if the investigation is not within the time limits referred to in paragraph 1 is completed,

the police authority of the public prosecutor in writing of the reasons, why it was not possible in the

the time limit stipulated by the investigations come to an end, what tasks still need to be

perform and how long the investigation will continue. State representative

can the guidance police authority on the one hand to change the enumeration of acts that have

yet to be carried out, and establish the period during which differently is

the investigation still take.



(3) in cases in which it was not within the time limit specified pursuant to paragraph 1

the investigation is done, the Prosecutor is obliged under the supervision of at least

Once a month, make the clearance stuff, and if it is needed, save

the police authority the obligation to perform specific tasks. The review shall draw up a

State representative record.



THE THIRD SECTION



Special provisions for the investigation of certain offences



§ 168



the title launched



(1) the provisions of this section is to be used in criminal investigations,

which the proceedings in the first instance by the District Court.



(2) If this section does not contain specific provisions, the procedure is

in an investigation under section of the first and second of this title.



§ 169



the title launched



(1) a police authority shall carry evidence to the extent that is necessary for

indictment or other decision of the public prosecutor; terms and conditions,

for to carry out the examination of witnesses under section 164 paragraph. 1, is not

bound.



(2) to determine the scope of the inquiry is a crucial legal

the qualification of the offence for which the accused at the time of implementation of evidence

prosecuted. If the accused is in the course of the investigation is notified that an offence for

that is criminal prosecution, will continue to be legally considered as another


offence than is given in § 168 paragraph. 1, the investigation

According to the second section of this title. Evidence previously made under

paragraph 1 shall remain part of the evidence bearing on the course of the investigation;

When assessing whether they have been carried out in accordance with the law shall not be considered

the conditions under which it can, pursuant to section 164 paragraph. 1 hear witnesses.



§ 170



the title launched



(1) a police authority shall be obliged to end the investigation no later than six

months from the commencement of a prosecution.



(2) if the investigation within the time limit referred to in paragraph 1 is completed,

advancing police authority and the Prosecutor pursuant to § 167 paragraph. 2, 3.



SECTION FOUR



The decision of the pre-trial



§ 171



Referral to another authority



(1) the Prosecutor shall refer the matter to another body, if the results of

preliminary proceedings show that it is not a crime, however, as regards the

deed that could be assessed as any other competent authority

the offense, another administrative offence or disciplinary transgressions.



(2) against the decision referred to in paragraph 1, the accused, and if known, whether or not

damaged, file a complaint, which has a suspensory effect.



the title launched



the title launched



§ 172



Stopping criminal prosecution



(1) the Prosecutor stops proceedings



and) If no doubt that it does not become an offence for which the criminal prosecution

leads,



(b)) If this is not an act of a criminal offence and there is no reason to transfer the case,



(c)) unless it is established that the accused committed the deed,



(d)) where the criminal prosecution is not permitted (section 11),



(e) if the accused) was not at the time of the crime for insanity criminally responsible,

or



(f)) if crime disappeared.



(2) the Prosecutor may stop the prosecution,



and if the punishment), which may lead to criminal prosecution, completely without meaning

In addition to the punishment for another crime is already saved, or that the accused

as expected, it will affect



(b)) if the deed has already been decided by another of the accused, ' ability,

able in the printer or foreign court or authority, or the international criminal

the Court, the International Criminal Tribunal, or the like

international judicial body with jurisdiction in criminal matters, even if

do not meet any of the conditions specified in § 145 paragraph. 1 (b). and) Act

for international judicial cooperation in criminal matters, and this

the decision can be considered sufficient, or



c) if due to the importance and extent of the breach of or threat to a protected

the interest that has been affected, how to carry out the crime and its aftermath, or

circumstances in which the Act was committed, and due to the behaviour of the accused

after committing the crime, in particular to its efforts to compensate for the damage or delete

other harmful consequences of the offence, it is clear that the purpose of the criminal proceedings was

achieved.



(3) against the decision referred to in paragraphs 1 and 2 may the accused and, if known,

whether or not damaged, file a complaint, which has a suspensory effect.



(4) in the prosecution which was stopped for any reason,

referred to in paragraph 2, shall continue, if the accused declares within three days

ever since he was a resolution on the cessation of criminal prosecution announced

that on the hearing of the case takes. It should be about that of the accused.



§ 173



Interruption of criminal prosecution



(1) the prosecutor suspends criminal prosecution



and if you can't), the absence of the accused accordingly to clarify the matter,



(b) if the accused person) cannot be used for severe disease to stand before the Court,



(c) if the accused is not) for mental illness that occurred after committing

crime, able to understand the meaning of criminal prosecution,



(d)) if the accused has been extradited to a foreign country or exiled.



(2) before deciding to discontinue prosecution is necessary to do everything

What is needed to secure the successful implementation of criminal prosecutions in February 2008.

If the reason for the interruption has passed, the Prosecutor decides that the criminal

prosecution continues.



(3) to interrupt the prosecution is necessary to inform the injured party.



§ 173a



Service of the order to the Supreme Public Prosecutor's Office



Resolution on the cessation of criminal proceedings and transfer the case delivered

the public prosecutor without delay after the legal force of the Supreme State

the Prosecutor's Office.



THE FIFTH SECTION



Supervision of the public prosecutor



§ 174



(1) supervision of adherence to legality in preparatory proceedings shall exercise

State representative.



(2) in addition to the permission specified in § 157 paragraph. 2 in the exercise of supervision

the Prosecutor shall be entitled to



and give binding instructions) to the investigation of crimes,



(b) require from the police authority) files, documents, materials and messages

about committed criminal offences for the purpose of vetting whether the police authority

timely launches criminal prosecution and it progresses properly,



(c)) to participate in the implementation of the operations of the police authority, personally do

an individual act or even the entire investigation and issue a decision in any of the

of the case; in doing so, it shall follow the provisions of this Act for the police

authority and against its decisions, the complaint is admissible to the same extent

as against the decision of the police authority,



(d)) to return the matter to the police authority with their instructions to supplement,



(e) interfere with the unlawful or unjustified) decisions and actions of the police

authority that can replace your own; in its resolution on the postponement of the case

You may do so within 30 days of delivery; If the decision of the police

the authority replaced its own decision otherwise than on the basis of the complaint

authorized person against the order of the police authority, is against his

the decision is admissible to the same extent as a complaint against the decision of the

police authority



f) order that the acts at issue was carried out by another person for work in

the police authority.



section 174a



The permission of the Attorney General



(1) the Attorney General may, within three months of the law can interfere with the

the illegal resolution of lower prosecutors to halt the criminal

those prosecuted or the referral of a matter.



(2) to this end, the State Prosecutor of the Supreme State

the Prosecutor's Office to require lower prosecution offices,

the documents, materials and messages and perform screening.



(3) if the Attorney General a resolution referred to in paragraph 1,

continue with the procedure, the Prosecutor who, in the case in the first

the degree. It is bound by the legal opinion expressed in its

the decision of the Attorney General, and is obliged to carry out the acts and

the tween, the implementation of which the Prosecutor has ordered.



§ 175



(1) only the Prosecutor is entitled to



and) decide to stop, stop or interruption of the conditional

criminal prosecution and on the transfer of the case to any other authority,



(b)) to submit an indictment,



(c) negotiate with the accused) agreement on guilt and punishment and petition the Court to

its endorsement,



(d) to decide on the release of the accused), for the release of the accused

from the binding, while the replacement of some actions binding replacement

binding or binding, reasons, one of the reasons the binding,



e) detention of assets of the accused and determine which resources and

things that security does not apply, or cancel such collateral,



(f)) to perform a secure a claim to compensation for non-material damage or damaged

injury or unjust enrichment and limit or cancel such

ensure or thing from him, cut,



g) decide on the destruction of the secured case under § op.81B,



(h) order the exhumation of corpses)



I propose to request the accused) out of a foreign country or a European

the arrest warrant,



(j)) to perform a preliminary investigation in proceedings for the issue of the country or proceedings

for surrender pursuant to a European arrest warrant.



(2) in cases in which the State Prosecutor, the investigation shall be supervised

of adherence to legality in preliminary proceedings, the Prosecutor

closest to the higher public prosecutor's Office; This does not affect the right of

the Prosecutor, who performs investigations, to make a decision under section

171-173, § 307 or under section 309, under the conditions laid down therein,

If you do this right, the State Prosecutor nevyhradil oversight.



THE SIXTH SECTION



The agreement on guilt and punishment



§ 175a



(1) if the results of the investigation demonstrate enough that

the deed has become that this Act is a criminal offence and that it has committed

the accused, prosecutors can start negotiations on an agreement on guilt and punishment

on a proposal from the accused or even without such a proposal. If the State does not

the representative of the proposal accused reason, it shall notify its opinion

the accused, if the accused has a defence counsel, whether or not his.



(2) negotiations on the agreement on guilt and sentence the Prosecutor summons

of the accused; about the time and place of the hearing shall inform the lawyer of the accused and

the victim, who expressly declared that any procedural rights

to him the Bill as the injured party. Damaged at the same time notifies the

the option to apply no later than when the first negotiations on the guilt and

the sentence is entitled to damages or non-material damage in monetary terms, which

was caused by the criminal offence, or to unjust enrichment,

that was on the expense of won.



(3) a condition of the conclusion of the agreement on guilt and sentence is a statement of the accused,

to have committed an offence for which he is prosecuted, if based on the so far


fitted with evidence and other outcomes of the preparatory proceedings are not reasonable grounds for

doubt on the veracity of his statement. The agreement on guilt and punishment

arranged by prosecutors with the accused in the presence of defence counsel.



(4) where the Prosecutor considers that the legal conditions are met for

the imposition of a safeguard measure, it notifies the accused the option procedure

pursuant to § 178 odst. 2 even if there is an agreement on the guilt and

the sentence, which will not be protective measures agreed. Without this

warnings may do pursuant to § 178 odst. 2 only if the reasons for the

the imposition of a safeguard measure came to light only after the submission of the proposal on

approval of the agreement on the guilt and punishment to the Court.



(5) State representative when negotiating an agreement on guilt and punishment is committed also to the

the interests of the injured party. If it is damaged the negotiation of the agreement on the guilt and punishment

present, in particular, to express the extent and manner of compensation for damage or

non-material damage or unjust enrichment. An agreement on the guilt and

the sentence can be arranged even without the presence of the injured party fails to

the negotiations, although it has been duly summoned, fails to appear or to

the hearing and the right to compensation for damages or non-material damage or issuing a

unjust enrichment have already applied or stated that it applied

It will not be. Applied if the sufferer who is not present, the meeting shall be entitled to

damages or non-material damage or unjust

enrichment, the Attorney for the injured party to agree with the accused

on the scope and manner of compensation for damage or non-material damage and editions

unjust enrichment up to the amount of the claim.



(6) the agreement on guilt and sentence contains



and the designation of the public prosecutor) of the accused and the injured party, if it was

present negotiating an agreement on guilt and punishment and with the consent of the scope and

the manner of compensation for damage or non-material damage or unjust

enrichment,



(b)) date and the place of writing,



(c)), for which a description of the offence, the accused is prosecuted, indicating the place, time and

the manner of its perpetration, or other circumstances in which it

There has been, so that it cannot be confused with any other deed,



(d)) indicate a criminal offence which is seen in this deed,

his legal name indicating the relevant provisions of the Act and

all legal characters, including those that justify a criminal

rate,



(e) a statement of the accused, that) has committed an offence for which he is prosecuted and

that is the subject of a negotiated agreement on guilt and punishment,



(f)) in accordance with the criminal code and the type of assessment, the agreed method

enforcement of the sentence, including the length of the probationary period and, in the cases provided for in

the Criminal Code penalty, replacement, or waiving of punishment

and the range of reasonable restrictions and obligations in the event that the criminal

the code allows and that have been agreed; When the agreement concerning the type and area

the sentence will take into consideration as well as to whether the accused crime has earned or

tried to get the property benefits (§ 39 para. 7 of the Penal Code),



g) range and method of compensation for damage or non-material damage and editions

unjust enrichment, it was agreed



h) safeguard measure, coming into his store and if there was

agreed,



even the State Prosecutor) the signature of the accused and the defence counsel and the signature of the injured party,

If the present negotiating an agreement on guilt and punishment and with the consent of

the scope and manner of compensation for damage or non-material damage and editions

of unjust enrichment.



(7) if there is agreement on the guilt and punishment, the Prosecutor her

a copy of the accused, his lawyer delivered and the injured party which filed a

their claims in a timely manner (article 43, paragraph 3). If there is no agreement on the guilt and

the sentence makes about the Prosecutor's entry in the log; in such a

the case of the Declaration of guilt made accused in other proceedings

not taken into account.



(8) the agreement on the guilt and punishment cannot be arranged in a particularly serious

crime and in proceedings against a fugitive.



§ 175b



(1) if there is an agreement on guilt and punishment, the public prosecutor shall submit a

the Court in the scope of the agreement negotiated a proposal for approval of the agreement on the guilt and

the punishment. If no agreement on compensation for the damage or non-material damage or

on the issue of unjust enrichment, the Prosecutor on that fact in the

the application for approval of the agreement on the guilt and punishment the court notifies you.



(2) to the application connects the Prosecutor agreed a deal on the guilt and punishment and

other documents which are relevant to the proceedings and decisions.



THE SEVENTH SECTION



The indictment



§ 176



(1) if the results of the investigation are sufficiently justify the position of the

the accused before the Court, the public prosecutor must lodge an indictment and attaches to it

writings and their attachments. The indictment of the accused, defence counsel shall inform the

and the injured party, if his residence or seat of the known, and, if the accused

the lawyer also Minister of Justice and the President of the Chamber.



(2) the prosecution may be made only for an offence for which was initiated

prosecution (para. 160). If the Prosecutor says this deed judge

as a different offense than how it assessed the police authority notifies the

on it before the indictment of the accused and his defence counsel to determine whether

propose with a view on the intended change in the investigation of the supplement.



§ 177



the title launched



The indictment must contain



the State Prosecutor) and the day of drafting the indictment,



(b) the accused person's) name and surname, date and place of his birth, his

employment and residence, or other information needed to allow it to

be confused with another person; If it is a member of the armed forces or

armed corps, the rank of the accused and also the Department, of which it is

a national,



(c)), in which the writ must be precisely marked an offence for which it is

the accused prosecuted, indicating the place, time and manner of its perpetration, the

where appropriate, the indication of the different facts, if they are needed to

that the deed could not be confused with another, and to justify the use of

certain penalties; There must be further stated, what offence

the prosecution sees in this deed, and that his legal name

the corresponding provisions of the law and all legal characters, including

those that justify a criminal rate,



(d) the justification for the defendant's deed) stating the evidence on which this

justification is based, and a list of evidence, the execution of which is in the main

version proposes, as well as legal considerations governing the Prosecutor drove the

in assessing the facts according to the relevant provisions of the Act.



§ 178



the title launched



(1) the Prosecutor in the indictment suggests that the Court should order the protective treatment

or security detention or protective upbringing or the prevents things

If it is to consider that there are legal requirements.



(2) the application referred to in paragraph 1, the Prosecutor may also make

separately.



§ 178a



Cooperating defendant



(1) in proceedings relating to the crime, the State Prosecutor in the indictment indicate

the accused, if the accused person for the cooperating



and shall notify the fact to the public prosecutor), which are capable of significantly

to contribute to the clarification of the crime committed by members of organized groups, in

links with organised group or for the benefit of organized

criminal groups, and undertakes to bring, both in the pre-trial and in the

proceedings before the Court the full and truthful testimony about these facts,



(b) modifications to the Act), for which he is prosecuted, and there are reasonable grounds for

doubts that his confession was made freely, seriously and

sure, and



(c)) declares that it agrees to be identified as the cooperating

the accused,



and if the Public Prosecutor considers that such a designation is needed due to the

nature of the crime, to the clarification of the accused, and even with

taking into account the criminal offence referred to in the confessions of the accused, to the person

the accused and the circumstances of the case, in particular whether and how

the accused participated in the Commission of an offence for which clarification is

and what consequences their actions have caused.



(2) if the accused did not commit the crime of collaborating, which is

more serious than crime for which clarification contributed, if credited,

as the organizer or the instigator of the crime, to the clarification of the

contributed, if it has not caused intentionally, in severe personal injury or death and

If there are reasons for the extraordinary increase in imprisonment (§ 59

of the Criminal Code), the Prosecutor in the indictment may suggest dropping

from punishment, if it deems it necessary, having regard to all the

circumstances, in particular in view of the nature of the offence referred to in confession

the accused in comparison with the crime, to the clarification of the accused

committed, to the extent to which the accused may be cooperating to contribute to

clarification of the crime committed by members of organized groups, in conjunction with the

organised by or in favour of the organised criminal

the group, the importance of his testimony for the criminal proceedings with regard to the

the collected evidence to the person of the accused and the circumstances of the case, in particular

whether and how the accused participated in the Commission of an offence, to

the clarification is committed to, and what the consequences of their actions.



(3) before the State Prosecutor accused marks as


in particular, it shall be heard to collaborative content and notifications

a confession. The accused also shall be heard as to whether he is aware of the consequences of

their procedure. Before the hearing, the Prosecutor accused about his

rights, about the nature of the designation for cooperating on the accused, the

obligations to remain on his confession and comply with its obligations under

paragraph 1, and also about the fact that as soon as the accused in pre-trial proceedings or in

proceedings before the Court violates its commitments will no longer be considered to be

cooperating of the accused.



the title launched



Section 179



the title launched



(1) the filing of the indictment and its representation in court is competent

the Prosecutor of a higher State Prosecutor's Office, than that in court

Act, if the exercise supervision of adherence to legality in preliminary

control, and is not a lower case public prosecutor's Office.



(2) after the filing of the indictment, the Prosecutor can ask the police authority

referred to in § 12 para. 2 a measure of proof that it needs to represent the

the indictment in the proceedings before the Court.



THE EIGHTH SECTION



Abbreviated preparatory proceedings



§ 179a



(1) the Abbreviated preparatory proceedings are held on criminal offences, for which the

It is for the Court of first instance held in the District Court and on which the law

stipulates a prison sentence whose upper limit does not exceed five years,

If



a) suspect was caught red-handed or immediately thereafter, or



(b) in the course of examining the criminal) notifications or other initiative to

criminal prosecution were detected the fact otherwise justifying

the initiation of criminal prosecution and it can be expected that the suspect would be possible in the

the period referred to in section 179b of paragraph 1. 4 stand in front of the Court.



(2) the Abbreviated preparatory proceedings held police authorities referred to in section 12 of the

paragraph. 2.



(3) the crimes of members of the General Inspectorate of security

forces, members of the security information service, members of the Authority

for foreign relations and information, and members of military intelligence

or the military police or the crime of workers United

Republic, included to work in the General inspection

security forces, held shortened preliminary proceedings the State Prosecutor;

the provisions of § 161 para. 4 and 5 apply here mutatis mutandis.



section 179b



(1) the Authority held an abbreviated preparatory proceedings performs acts under title

the ninth. In the manner specified in the title of the fourth performed only emergency or

unique acts.



(2) the summary preliminary proceedings, the suspect has the same rights as

the accused (§ 33 par. 1, 2). The detainee a suspect has the right to choose

defence counsel and consult with him without a third party present during the

the detention. About how it should be suspect before his interrogation to learn and

give him full opportunity to exercise his rights.



(3) a suspect of a crime it is necessary to hear and

no later than at the beginning of the hearing to tell him of committing the deed is out

the suspect and the crime is seen in this deed. About the Act

Authority held an abbreviated preparatory proceedings shall make a record in the log.

A copy of the record shall deliver the suspect and his lawyer; the police authority shall send

a copy of the record to 48 hours, also to the Prosecutor. The procedure of the hearing

the suspect will apply mutatis mutandis of the provisions on the questioning of the accused.



(4) the Abbreviated preparatory proceedings must be completed no later than two

weeks from the date on which the police authority said the suspect, of having committed

out what deed is suspect and what the offense is in this deed

seen (section 179b (3)).



(5) the Prosecutor may in abbreviated preparatory proceedings with the suspect

to negotiate an agreement on guilt and punishment; on the conditions and the procedure for its

the negotiation shall apply mutatis mutandis the provisions of § 175a. The delivery of the proposal on

approval of the agreement on the guilt and punishment to the Court initiating criminal prosecution.



§ 179c



(1) unless the summary preliminary proceedings after the police

authority to postpone things reason referred to in Section 159a para. 1 to 3 or 5,

the public prosecutor shall submit a brief report on its outcome, in which

indicate what the offense is seen in deed, for which it is communicated to the

suspect, and what evidence can be made before a court, the suspect

so warrant. Police authority to the message connects all documents and things

collected in the course of the summary preliminary proceedings.



(2) the public prosecutor, which was served with the police authority under

paragraph 1, or that he himself carried out the abbreviated preparatory proceedings,



and the Court) shall submit the punishment, if the Court finds that the results summary

the preparatory proceedings, justify the position of the suspect before the Court,



(b)) shall submit a court approval of the agreement on the guilt and punishment, while

apply by analogy the provisions of § 175b,



(c)) case is postponed, unless in case of a suspicion of an offence,



(d) submits the matter to the competent authority) to discuss the offence,



e) submits the case to another authority to kázeňskému or kárnému,



(f)) case, if the defer criminal prosecution is inadmissible pursuant to section 11,



(g)), decided to postpone the case where the approval of a settlement with the

Similarly, the provisions of § 309 et seq.,



h) case conditionally postpone pursuant to § 179g,



I) thing also can defer, if prosecution is purposeless because

in the circumstances referred to in section 172 para. 2, or



(j)) returns the matter to the police authority, if it is in the way

preliminary proceedings must perform additional action.



(3) if the public prosecutor does not make any decisions or measures referred to in

paragraph 1, it shall transmit the case to the police authority referred to in § 161 para. 2 to

commencement of prosecution on the grounds that it is an offence for which

lead shortened preliminary proceedings, is to be correctly assessed by another

provisions of the Act, than what it judged by the police authority, and

due to the different legal assessment cannot be shortened preparatory

the proceedings take place.



(4) on the postponement of the case referred to in paragraph 1 or of the decision referred to in paragraph 2

inform the authority, which has made such a decision, the injured party, if it is

I know, and the notifier, if under section 158 paragraph 2. 2.



§ 179d



(1) proposal for punishment includes the same elements as the prosecution with

the exception to the preamble.



(2) to the application connects the Prosecutor all the documents and other

the annex, which are relevant to the proceedings and decisions.



(3) on the filing of a proposal to punish the lawyer the Prosecutor without delay

shall inform the Minister of Justice and the President of the Chamber.



section 179e



If the public prosecutor passed the apprehended a suspected person and State

It was representative on freedom, passing to it not later than 48 hours from the

the detention of the Court together with a proposal for punishment or for

approval of the agreement on the guilt and punishment; otherwise, decide on the initiation of criminal

the prosecution and the Court shall submit a proposal for a decision on custody of the accused.



§ 179f



(1) the Abbreviated preparatory proceedings cannot be held or continued

If



and) is given by reason of the binding and is not subject to the conditions for the transfer of the detainee

the suspect, together with a proposal for punishment of the Court, or



(b)) are reasons for holding the joint management of two or more

offences, and at least one of them should be held to the investigation.



(2) if abbreviated preparatory proceedings completed within the time limit referred to in §

179b para. 4, the public prosecutor, taking account of the circumstances of the case



and) extend the period within which it must be shortened preliminary proceedings come to an end,

but not more than ten days, in the case of concluding an agreement on guilt and punishment

(section 179b (5)) of not more than thirty days,



b) orders the police authority, who had not led the shortened preparatory

proceedings in order to initiate criminal proceedings and has followed the provisions of the

the head of the tenth, or



(c)) to the case was submitted to the police authority, referred to in § 161

paragraph. 2 to initiate a criminal prosecution; the Prosecutor so proceed

always, it is the absence of any of the grounds referred to in paragraph 1.



The conditional postponement of the submission of the proposal for punishment



§ 179g



(1) instead of the lodging of the punishment prosecutors can decide

about that time the punishment conditionally deferred, if

the suspect



and) to the confession,



(b)) for the damage, unless the offence was caused by, or with a damaged on its

compensation deal, or made any other measures necessary to its

compensation,



(c)) issued the unjust enrichment of the deed is obtained, or with a damaged on its

the release of a deal or make other appropriate measures for its release,



(d)) with a conditional postponement, the request for the punishment of its assent,

and given the person a suspect, taking into account the previous

life and circumstances of the case it is reasonable to consider such a decision

for pleasant.



(2) if it is justified by the nature and gravity of the committed offence,

the circumstances of the offence or the circumstances of the suspect, the State

the representative will decide on conditional postponement of the submission of the proposal for punishment

only if the suspect fulfils the conditions referred to in paragraph 1 and



and) it undertakes to establish that during the trial period refrain from certain activities, in

the context with which they committed a crime, or




(b)) on behalf of the public prosecutor shall lodge a sum specified by State

on financial assistance to victims of crime, according to a special legal

the legislation and this amount may not be disproportionate to the seriousness of the offence

the crime,

and given the person a suspect, taking into account the previous

life and circumstances of the case it is reasonable to consider such a decision

for pleasant.



(3) in a decision on conditional postponement of the submission of the proposal for punishment is

provides for a trial period of six months to two years, in the case of decisions

in accordance with paragraph 2, up to five years. The trial period begins the legal power of this

decision.



(4) a suspect who has entered into an agreement about how the corruption issue refunds

damages or an agreement on the issue of unjust enrichment, the decision about the

the conditional postponement of the submission of the proposal for punishment to damage

during the trial period or replaced at this time, gratuitous

the enrichment issue.



(5) decision on conditional postponement of the submission of the proposal for punishment according to the

paragraph 2 shall also include the amount of the cash amount specified by State

financial assistance to the victims of crime or determine the activity in which the

the suspect during the trial period undertakes to refrain from. If the suspect

undertakes to abstain during the trial period of a conditional postponement of the submission of the proposal

on the punishment of driving motor vehicles, must be informed of the obligations of the

surrender his driver's license under a special legal regulation, and that

the legal decision on conditional postponement of the submission of the proposal on

the punishment will cease to have a driving licence.



(6) a suspect can also save, in order to comply with the trial period

reasonable restrictions and obligations to make him lead an orderly life.



(7) Against the decision on conditional postponement of the submission of the proposal for punishment

suspect and damaged may lodge a complaint, which has a suspensory effect.



§ 179h



(1) if the suspect during the trial period, he led an orderly life, fulfilled

obligation to pay damages, unjust enrichment or

another obligation, to meet, and meet the other

imposed restrictions, the State Prosecutor, who decides to conditionally postponed

submission of the proposal for punishment in the first instance, that has proved successful. Otherwise, and

It even during the trial period, if applicable, decides that the suspect

unworkable, and proceed in accordance with § 179c-179f. Exceptionally, the

the public prosecutor in view of the circumstances of the case and the person suspected

keep conditional postponement of the submission of the proposal for punishment in force and

extend the trial period of up to one year; the trial period shall not

exceed five years. The obligation to reimburse the damage caused,

unjust enrichment and other obligation to meet the suspect

committed, as well as other restrictions imposed during the last prolonged

the trial period.



(2) If, within one year from the expiry of the probationary period has not been made

the decision referred to in paragraph 1, without the guilt of the suspect had on it, it is considered

that has worked well.



(3) the legal power to decide that the suspect worked, or

expiry of the period referred to in paragraph 2 of the effects referred to in § 11a

paragraph. 1 (b). (b)).



(4) against the decision referred to in paragraph 1 may submit the suspicious and corrupted

the complaint, which shall have suspensive effect.



PART THREE



Proceedings before the Court



THE HEAD OF THE ELEVENTH



Basic provisions



§ 180



(1) the criminal prosecution before a court takes place only on the basis of the indictment, or

proposal for punishment, which serves and represents the State in court

Representative, or on the basis of the proposal on the approval of the agreement on the guilt and punishment,

serving the public prosecutor. In proceedings before the District Court of the State

may be represented by a legal representative of an expectant, except for proceedings for the

approval of the agreement on the guilt and punishment.



(2) the Administration and representation of the indictment the Prosecutor controls the law and

the internal conviction based on a consideration of all the circumstances of the case. In

proceedings before the Court acts to have been clarified all the relevant

the grounds in terms of filed the indictment. For this purpose,

procures on its own initiative or at the request of the President of the Senate, and other

the evidence, which have not yet been provided with, or executed.



(3) when the taking of evidence in the trial and in the public meetings of the State

the representative proposed to obtain evidence that were not already in the

the indictment and the need to implement them was established in the course of the proceedings before the Court;

as a rule, be carried out with the consent of, or at the call of the presiding judge evidence (§

203, § 215 paragraph. 2) which support impeachment. The defence counsel or the accused

that does not have a defence counsel has the right to the same extent, with the agreement of the President of

the Senate examine evidence (article 215, paragraph 2) in favour of the defence. If

the implementation of such evidence by any of the parties in the hearing of a witness or

experts will carry out its statutory guidance prior to the start of the hearing the Chairman of the

the Senate or another designated member of the Senate.



(4) in the main version, in a public meeting or other Act Court

carried out in the presence of the parties, each party may hover at any time

during the objection to the way the implementation of the Act.



§ 181



(1) Submitted an indictment to the Court must be examined first from that

point of view, whether for additional control provides a reliable basis, in particular,

check that the jurisdiction of the Court to hear the case (section 16 to 22)

whether in the preliminary proceedings, there has been no serious procedural defects that cannot be

in proceedings before the Court, and whether they have been clarified in preliminary proceedings

the basic facts, without which it is not possible to carry out the trial and in

him decide. This is a preliminary examination of the indictment.



(2) after the filing of the indictment, the Court nevyčkávaje other proposals shall proceed

to the proceedings without delay towards the decision of the case, including performance

decision.



(3) the President of the Senate shall, in proceedings before the District Court within the time limit

three weeks before the regional court as the Court of first instance within the time limit

three months after the filing of the indictment, order in case the main version, pre-release

hearing or make other Act leading to the decision of the case,

including probation to operations leading to a decision on the

conditional cessation of criminal prosecution or for the approval of the settlement, or

another decision of the things outside the main version. If it is not so serious

reasons to do so, shall submit the dossier to the President of the Court, which by the nature of things

either the time limit shall be extended for as long as necessary or in accordance with the

schedule of work of the Court shall take other appropriate measures to ensure the continuity of

control.



§ 182



The State Prosecutor may take back up to the time of the indictment before the Court of first

Removes the final grade consultation; After the start of the trial may

do this only if the defendant does not insist on its continuation.

Indictment, the case returns to the preparatory proceedings.



§ 183



(1) at any time during the proceedings before the Court may request the President of the Senate

the police authority of the measures of the individual evidence, for a demonstration of the person or

under the terms of § 62 para. 1 service of documents. The police authority is

obliged to comply swiftly with him.



(2) in serious and complex cases requiring a factual knowledge of the

a special field of the Chairman of the Senate put the consultant. In doing so,

shall proceed mutatis mutandis pursuant to the provisions of § 157 paragraph. 3.



section 183a



(1) in proceedings before the Court may, President of the Chamber, or other authorized Member

the Chamber exceptionally important reasons to interrogate the accused, witness,

the experts or to carry out other evidence outside the trial or public

meeting. The State Prosecutor and defence counsel of the accused, which is such an act

refers to are entitled to participate in such an Act and its venue be

be informed in a timely manner, unless the Act cannot be postponed and their

notification cannot be provided. The participation of the accused in such questioning may

be granted, in particular, in cases where it does not have a lawyer, and in the case of

the witness, who has the right to refuse to testify. Notice of the hearing

witness or other act with such a witness, whose identity is supposed to be of

grounds provided for in § 55 para. 2 secret, may not contain the information referred to in

which it would be possible to determine the real identity of the witness.



(2) the participation of the persons referred to in paragraph 1 may be ensured in the Act,

in particular, if the Act on which the participating in a person under 15 years of age

or witness, whose identity is supposed to be for the reasons referred to in § 55 para. 2

secret, including through videoconferencing facilities.



(3) if such evidence later used to the decision in the main proceedings,

public or private session, must be in accordance with the law

executed. Read the report of the hearing of any such witness or play

video and audio alert issued about his interrogation, carried out by

through videoconferencing equipment is possible in the main version

or an open meeting on the appeal only under the conditions specified in § 211,

and in the case of a witness younger than fifteen years, the circumstances which

the revival in memory, given the age could adversely affect its

the intellectual and moral development, under the conditions referred to in section 102 paragraph. 2.



(4) the President of the Chamber shall ensure the protection of witnesses and persons close to them, which in


connection with the filing of testimony threatens bodily injury, death or other

a serious danger, and if it is even on the confidentiality of their identity,

where applicable, form. If it is necessary to ensure the protection of these people even after

Administration testimony, President of the Senate shall take after their interrogation

all the necessary measures without delay. Where necessary, requests

the protection of the police of the Czech Republic. How special

the protection of witnesses and persons close to them provides a special law.



§ 184



(1) the Court, when hearing the case is obliged to focus also on the

the causes that led to the crime or allowed its commit.



(2) to clarify the causes of the crime and to the settlement of the dispute between the accused

and in the process helps the victims before the court probation and mediation

the service carried out by probation officials.



(3) permits if the nature of the case and the person of the accused, establishes probation and

mediation service prerequisites for decision by the Court outside of the main version,

for the consideration of the case in one of the special types of proceedings and to save

punishments not involving deprivation of liberty; for this purpose, in accordance with the instruction

President of the Senate of the probation officer requires and provided the necessary documents,

in particular to the person of the accused.



THE HEAD OF THE TWELFTH



Preliminary hearings



§ 185



General provisions



(1) a court shall examine the Indictment lodged by the President of the Senate and its

content and content-the file shall determine whether it should be provisionally

discuss in the meetings of the Board or may order the trial of her.



(2) in order to facilitate the decision may hear the accused and supply

necessary explanations.



§ 186



The reasons for the preliminary hearing



President of the Chamber shall order preliminary hearings if it considers that



and) case belongs to the jurisdiction of another court,



(b)) has to be referred to under section 171 paragraph 2. 1,



(c)) there are circumstances justifying the cessation of criminal prosecution pursuant to section

172 para. 1 or its interruption under § 173 paragraph. 1 (b). a) to (d)),

or the circumstances justifying a conditional cessation of criminal prosecution

pursuant to § 307,



d) Act, which is the subject of the indictment, will need to be assessed in accordance with

other provisions of the criminal code, according to which the assessment by before it

the prosecution,



e) pre-trial investigation was not carried out according to the law, since it was

seriously violated the rules of procedure, in particular the provisions

ensuring the right to defence, and such a violation of the procedural regulations do not

in proceedings before the Court,



(f)) in a case not to the necessary extent clarified basic facts

circumstances, without which it is impossible to decide on the matter, or



g) due to the circumstances of the case, it would be appropriate to negotiate an agreement on the guilt

and punishment, especially if such a procedure designed by the Prosecutor or

the accused.



§ 187



Method of preliminary hearings



(1) a preliminary hearing shall be held in closed session,

If there are grounds for the venue of the meeting. If it considers it

the President of the Senate for the decision of the Court, order the necessary provisional

hearings public meeting.



(2) in the preliminary hearing, the Court will examine a

the prosecution; the President of the Senate shall report back from this perspective, taking the

focus on the questions that need to be addressed.



(3) the Court shall examine the completeness proof and justification

the indictment on the basis of the case file.



(4) if the preliminary hearings for the reason referred to in § 186

(a). (g)), the Court finds the opinion of the accused and the Prosecutor to

the negotiation of the agreement on guilt and punishment. If the Prosecutor and

the accused, that they have an interest in acting on the agreement on guilt and punishment, the Court determined

to the Prosecutor a reasonable time limit to file an application for the approval of such

the agreement. If the State Prosecutor shall submit in due time a proposal for the Court

approval of the agreement on the guilt and punishment, the Court shall proceed in accordance with § 314o to 66s;

in cases in which, under § 314o to 314r thing returns to

the preparatory proceedings, the Court is acting on the basis of the original indictment. In the absence of

the public prosecutor within the prescribed period the court approval of the agreement on

guilt and punishment, the Court will order the trial, unless some of the

the decisions referred to in § 188.



The decision of the



§ 188



(1) after the preliminary hearing, the Court



and) decide to bring the case to the jurisdiction of the Court which

is the closest together above him and the Court that is

competent, if that is not itself competent to hear the case,



(b)) shall refer the matter to another body, if there are circumstances referred to in section 171

paragraph. 1,



(c)) the prosecution stops, if the circumstances referred to in section 172 para.

1,



d) prosecution is broken, if there are circumstances referred to in section 173 paragraph.

1 (b). a) to (d)),



(e)) returns the thing to the Prosecutor for investigation, if it is necessary to

to remove serious procedural defects in the preparatory proceedings, which cannot be

remedy in proceedings before a court, or to clarify the basic facts

circumstances, without which it is not possible in the trial judgment,

and in the proceedings before the Court the investigation was compared with options

to procure such evidence in preliminary proceedings associated with significant difficulties

or would likely be detrimental to the speed of the proceedings, or



f) prosecution conditionally stops under section 307 or decide to

approval of settlement pursuant to § 309 para. 1.



(2) after the preliminary hearing, the Court may also stop criminal

the prosecution, if the circumstances referred to in section 172 para. 2.



(3) against the decision referred to in paragraph 1 (b). b) to (f)) and pursuant to paragraph 2

the Prosecutor and the accused may submit a complaint, that is, unless the

discontinue prosecution, suspensory effect. The decision on the

conditional cessation of criminal prosecution and on the approval of the settlement may

to file a complaint, which has suspensive effect, whether or not broken.



§ 189



Decide on the decision to bring the case to the jurisdiction of the Court under section

paragraph 188. 1 (b). and the Court) cannot whom the case was ordered under section 24

or section 25 superior court, unless the factual basis for the

assessment of the jurisdiction has changed considerably in the meantime.



§ 190



(1) where the Court considered that when used properly it is necessary to act, Act

that is the subject of the indictment, judge under other provisions of the Act,

than by which to assess the prosecution case a prosecutor returns

the investigation [section 188 (1) (b), (e))], if necessary due to the different

the legal assessment of the case even closer to clarify.



(2) if the investigation needed, notify the President of the Senate on the possibility

diversion law deed shall be served on the persons to whom a copy of the

the indictment (section 196 (1)).



§ 191



(1) if the Court returns the case to the Prosecutor for investigation, shall be specified in the resolution,

in which directions should be preliminary proceedings supplement and that fact

It should be clarified, where appropriate, that the operations should be performed.



(2) as soon as the resolution on the return of the case to the Prosecutor for investigation

came into force, the thing into a State of preparatory proceedings.



§ 192



If the accused is in custody, the Court will decide on preliminary consultation

the prosecution always also about another detention.



§ 193



cancelled



§ 194



cancelled



§ 195



New preliminary hearings



(1) if the decision is the Prosecutor in the case has been returned to the

DGA, again for the indictment, it shall take into account the results of

carried out by the DGA. The prosecution, under the conditions referred to in section 186 for

the Court preliminarily discuss again.



(2) under the conditions specified in § 186 impeachment again tentatively discuss the

also in court to which the case was ordered by a court after the submission of the parent

the matter under section 188 paragraph. 1 (b). and).



THE HEAD OF THE THIRTEENTH



Main version



THE FIRST SECTION



Preparation of the trial



§ 196



Service of indictment



(1) if the Court has not made some of the decisions referred to in § 188 paragraph. 1 and

2, the President of the Senate to deliver a copy of the indictment, the accused and his

a lawyer, and if the accused is deprived of legal capacity or competence

If his competence to perform legal acts is limited, his legal

representatives; a copy of the indictment can be delivered to the injured party, if his stay

or the seat known. If he has not submitted a proposal pursuant to § 43 para. 3,

at the same time learning about the right to submit such a proposal. If it was in the indictment

designed to prevent things belonging to a person other than the accused,

the President of the Senate to deliver a copy of the indictment, whether or not that person.



(2) a person to whom a copy of the indictment has been served must be at the same time invite to

proposals for additional evidence at the trial indicated to the Court in a timely manner

and bring the circumstances to be such evidence.



(3) a copy of the indictment shall be served with the summons to the latest

version or with a notice about it.



§ 197



The replacement judge



(1) if the trial expected to take longer to arrange for

the President of the Senate, to be attended by one or two judges, or

Member of the replacement.



(2) the Replacement of a judge or lay judge has when the main version status

a member of the Senate. The deliberations and the vote, however, will attend only if,

If a party to the action in place of a judge or an observer, which prevented the


an obstacle in further participation in the trial. The judge or

assessor, for which he got a replacement judge or lay judge,

the trial no longer not participate.



§ 198



Regulation of the trial



(1) the date of the trial provides the President of the Senate to the accused from the

service of the summons, the public prosecutor and defence counsel of the notification should

at least five working days to prepare. This period can be shortened

only with their consent, and as for the accused, only if the

will the trial arrive and ask about its implementation. U

other people, that the trial be summoned or

on the, you must maintain at least a three-day period as a rule.



(2) a trial shall be informed the public prosecutor, legal representative and

the defence lawyer of the accused, as well as damaged and the person concerned. If they have a

damaged or the person concerned shall contact the agent, on the main

version just their agents. The injured party should be in notification

Note that does not come to trial, it will be about his claim

for damages or non-material damage or unjust

enrichment to make decisions on the basis of his own proposals, if they are already

contained in the file, or run out of the Court, before proceeding to the

the taking of evidence.



(3) when regulation of the trial the presiding judge shall take all

the measures necessary to ensure its proper course and to

It was possible to discuss the matter and decide without adjournment.



§ 198a



cancelled



SECTION TWO



The public trial



§ 199



(1) the trial court fundamentally takes place publicly.



(2) has noted that citizens were granted widest extent

the opportunity to follow the proceedings by the Court and to make the most efficient

disciplinary effect of the criminal proceedings to the general public in the

the meaning of its active involvement in efforts to prevent crime and

prevent it. In appropriate cases, be carried out because the main version directly

in the place where the offence was committed, or in the workplace, or in the

place of residence of the defendant. In this case, about the venue of the trial shall inform the

an interest group, citizens can ensure the participation of citizens and effectively

to contribute to the fulfilment of the purpose pursued by the public through the holding of the trial.



§ 200



(1) at the trial, the public may be excluded if it would

the public discussion of the matter would jeopardize classified information protected by special

law, morality, or undisturbed course of conduct, or the safety or

Another important interest of witnesses; for the same purpose may make and the President of the Senate

other appropriate measures. The public may be excluded only for part of the

the main version. He appears before a court if the person referred to in section 102a of the paragraph.

1 without secrecy the identity or appearance, the public is always excluded.



(2) the judgment shall always be pronounced publicly.



(3) the Court shall decide on the exclusion of the public, after hearing the parties, by order

that publicly announce.



§ 201



(1) Although the public has not been excluded under section 200, the Court may deny

access to the trial of minors and those for which there is a concern that should

could interfere with the course of the trial, dignified. You may also take the necessary

the measures against overburning courtrooms.



(2) even if the public was excluded under section 200, the Court may, for important

reasons to enable individuals to trial access. At the request of

the accused must be allowed access to two of his důvěrníkům. If

the defendants more, has the right to choice of Trustees each of them. If

Thus the total number of confidants has risen to more than six, and defendants

among themselves for the selection do not agree, the Court shall make the selection. Similarly, in the

the case of exclusion of the public shall proceed with confidants of the injured party. If it was

the public is excluded for the compromise of classified information protected

a special law, or security or other important interests of the

witnesses, may be selected only such persons confidants, against which the

the Court does not have the opposition.



(3) if the public Was excluded for the compromise of classified information

protected by a special law, notify the Chairman of the Senate present at

criminal consequences if unauthorized persons information about him

where were they during the negotiations; It may also prohibit the present to do's

the written notes.



THE THIRD SECTION



The start of the trial



§ 202



Presence during the trial



(1) the trial is held for a permanent presence of all the members of the Chamber,

writer and Attorney. The presence of the accused or other

people can be ensured, including through videoconferencing facilities;

§ 111a shall apply mutatis mutandis.



(2) in the absence of the defendant may, with the main trial, just

If the Court finds that the case may be reliably decide and the purpose of the criminal

control reach even without the presence of the accused, and



and the indictment was properly on the accused) served and the defendant was to

the main version in a timely manner and duly summoned and



(b)) of the deed, which is the subject of the indictment, the accused was already some

law enforcement authority hearing and has been complied with the provisions of the

to initiate the criminal prosecution (§ 160) and the accused has been advised of the

the ability to read the file and to make proposals for investigation of the supplement (section 166

paragraph. 1).



(3) if the accused fails to appear without a proper apology to the main version and

the Court will decide that the trial will take place in the absence of

the defendant in the main proceedings, the reports of witnesses, expert witnesses

and read spoluobviněných, or video and audio recordings captured on

their interrogation, carried out by means of videoconferencing equipment

play under the conditions referred to in section 211.



(4) the trial may not be held in the absence of the defendant, if the

the accused is in custody or in prison, or in the case of

the offence for which the law stipulates a prison sentence whose upper

boundary exceeds five years. In cases of necessary defence (section 36) cannot be

the trial to take place without the presence of defence counsel.



(5) the provisions of the first sentence of paragraph 4, he pointed out, if the accused

requests that the trial was held in his absence. The provisions of the

paragraph 3 shall be used mutatis mutandis here.



(6) the person concerned and corrupt and their agents have the right to

personally participate in the trial. President of the Chamber may, at the necessary

time restrict the participation of the injured party and interested persons on trial only,

If it is necessary for the clarification of the case, in particular, are to be

heard as witnesses to the injured party and then the party concerned

the person usually hear at the beginning of the taking of evidence immediately after the hearing of

the accused and in the course of the taking of evidence is to become familiar with the content of

the testimony of the accused.



The proceedings of the trial



§ 203



(1) main version control and, unless the law provides otherwise, the taking of evidence done

the President of the Senate. Making an individual evidence or the Act may delegate

a member of the Senate or its implementation save to the Prosecutor for

the terms of section 180 paragraph. 3. This does not affect the right of the State Attorney,

the accused and his defence counsel to ask for evidence to be taken under section 215 paragraph.

2.



(2) is required to so as to maintain the dignity and seriousness

a court hearing that the trial was not impeded interpretations that

unrelated to the present case, and that was targeted as effectively as possible to the

clarification of the matter.



(3) who feels a measure of the President of the Senate in the management of the trial

truncated, can apply to the Senate. Such a request and the decision to

It should be recorded in the Protocol.



§ 204



(1) persons that cancels the order, the President of the Senate from meeting hall

report on.



(2) the accused may be reported only by resolution of the Senate after the previous

the alert, and it only for the time strictly necessary. As soon as he was allowed to

again access to courtrooms, he shall notify the President of the Chamber the essential content of

hearing held in his absence, to be able to express it.



The beginning of the trial



§ 205



(1) the President of the Senate shall initiate the trial notice things that will

being discussed; then the President arrived to find a person that has been

the trial summoned or informed, and finds their

identity. For people, for which it is necessary to keep the time limit for the preparation,

Determines whether this deadline was maintained.



(2) if any of the persons invited in contempt, the Court

After hearing of the Parties present, whether it is possible to version anyway, or whether

It is necessary to continue them.



§ 206



(1) after carrying out operations listed in paragraph 205, the President of the Chamber shall invite the Prosecutor

representative to present impeachment.



(2) after the presentation of the indictment to the President of the Senate ask the injured party whether

proposes that the accused was ordered to to pay compensation or

non-material harm caused by the crime or to release

unjust enrichment obtained a criminal offence and to what extent.

If the injured party has not appeared at the trial and if its proposal contained

already in the file, the President of the Senate, reads this proposal from the file.



(3) where the rights of the damaged person, that this right is apparently


It is not for the Court, said that the person as a victim to

the main version. Such a decision shall not preclude the exercise of the right

for damages or non-material damage or unjust

enrichment before the competent authority.



(4) in accordance with paragraph 3, the Court shall proceed, even if only to prevent the participation of

the victim, the circumstances referred to in § 44 para. 2 and 3.



SECTION FOUR



The taking of evidence



The questioning of the accused



Section 207



(1) after presentation of the indictment and the statement of the victim hears the President

the Chamber accused the content of the indictment, and if a claim on

damages or non-material damage or unjust

enrichment, whether or not this claim.



(2) the Protocol on the earlier testimony of the accused is read only when the

in the absence of the defendant, if the defendant refuses to testify

or when the essential contradictions between his earlier testimony and

its data when the main version and the interrogation was carried out after the communication

the charge follows the corresponding provisions of this Act. On these

contradictions need to be accused to notify and ask it to their

the cause.



§ 208



If several defendants, President of the Chamber may take such measures, in order to

the defendant was tried in absentia co-defendants.

The defendant, however, should always be in the course of the taking of evidence familiar with

the content of the testimony of co-defendants who were questioned in his

the absence.



The implementation of further evidence



§ 209



(1) the President of the Chamber shall ensure that the witness was not even unheard

present at the interrogation of the accused and other witnesses. If there is a concern that the

the witness in the presence of the accused by the truth, or in the case of

the witness, or the person to whom he submitted testimony from in or near threaten to cause injury to the

health, death or other serious danger, President of the Chamber shall take the measures

appropriate to ensure the safety or confidentiality of the identity of the witness, or

reports of the accused for questioning such a witness out of courtrooms. After

return to courtrooms, however, the accused must be familiar with the contents of

testimony of a witness, you may to comment on it, and without a witness to the met,

He may, through the President of the Chamber to ask questions. In the case of a witness

whose identity has to be kept secret (article 55 (2)), the President of the Chamber

the measures make it impossible to determine the real identity of the witness.



(2) if in the trial heard the witness, whose identity has been

secret (section 55 (2)), the Court's own motion all necessary acts

to verify its credibility.



§ 210



If the expert has not submitted a written opinion on the matter yet, or is

departs or complements, the President of the Chamber to

opinion or its complement or to a log, he gives himself wrote.



§ 211



(1) the place of the hearing of a witness in the trial, you can read the Protocol on its

notice, if the Court does not consider personal interrogation necessary and the State

the representative and the defendant agree. If the defendant, who was

the trial duly summoned, fails to appear, without apology or without

serious reason of courtrooms, the consent of the accused with the moves by reading

such a Protocol on the questioning of a witness is not necessary and sufficient consent

the public prosecutor. On these facts, the accused must be in the summons

notified.



(2) the Protocol on the testimony of a witness, spoluobžalovaného or also reads

then, if the interrogation carried out in a manner appropriate provisions of this

the Act and the



and such a person died or) become missing, for long term stay

abroad, the unattainable, or got sick disease that permanently or

a foreseeable period of time makes it impossible for her after the hearing, or



(b)) was a unique act of immediate or effected under section 158a.



(3) the Protocol on the earlier testimony of a witness is read even if only if it was

the interrogation carried out in a manner consistent with the provisions of this Act, and

a witness in the trial refused to testify without authorisation or in the

important respects deviates from the earlier testimony and



and defence counsel or the accused) had the chance to present the earlier questioning

to participate and ask questions vyslýchanému



(b)) if it is discovered that such a person was the subject of violence,

intimidation, bribery and promises of other advantages and so brought,

to nevypovídala or give false testimony, or



(c)) if the contents of the testimony affected the course of the hearing in the trial,

in particular, as a result of the behavior of the accused or the public present.



(4) the Protocol on the testimony of a witness in the trial, which took advantage of their

the rights to refuse to testify under section 100, it can be read only by assuming that

the witness was before the hearing of his right to refuse to testify properly

informed and expressly stated that this right does not use to hearing

carried out in a manner consistent with the provisions of this law and the accused

or defence counsel had the opportunity to participate in this hearing.



(5) the place of the hearing of an expert, you can read the Protocol of his testimony or his

the written opinion, if an expert was instructed before submitting a report under the

§ 106, there are doubts as to the correctness and completeness of the report and the State

the representative and the defendant agree. The provisions of paragraph 1, second sentence

and the third the shall apply mutatis mutandis.



(6) with the consent of the Prosecutor and the accused may be in the main version

read the official record of the explanations people and to perform other operations (§

paragraph 158. 3 and 5).



(7) the provisions of paragraphs 1 to 5 shall apply mutatis mutandis on the reading logs are used and on the

play audio and video footage of the hearing

carried out via videoconferencing equipment.



§ 212



(1) If a witness Departs or spoluobviněný in important respects from the

his earlier testimony and unless the cases referred to in the provisions of § 211

paragraph. 3 or a statement made as urgent or unrepeatable

the Act under section 158a the Protocol, he may be about his interrogation of the preparatory

control, which has not been given the opportunity to make defenders he was present,

or its relevant parts of one of the parties or by the President of the Senate

only předestřeny to explain discrepancies in his statements to the Court could

in the context of the free assessment of evidence to assess the credibility and truthfulness of his

testimony in the trial.



(2) Předestření an earlier denunciation under paragraph 1 shall consist in the reproduction

those parts of the Protocol on the previous questioning, which has heard the

the person to express and explain the contradictions between his statements. The Protocol on the

the testimony, which was předestřen, can not be basis of conviction

the accused, even in conjunction with other evidence in the case made.



§ 212a



Damaged, which is the victim of a criminal offence under the law on victims of

offences may apply in the main proceedings, in order to make a declaration

What impact had committed offence on his past life, and

even in the case that has made a declaration in writing. The President of the Senate is

obliged to comply with the request and allow the oral declaration at the latest at

the final speech. Oral statements of the damaged can be stopped only if the

If the apparently deviates from its frame.



§ 213



(1) opinions, messages of the State and other organs and other instruments and other

material evidence at the trial shall submit to the parties to them, and

If necessary, it shall submit to the inspection as well as witnesses and experts.



(2) if either party will propose a reading of the Charter referred to in

paragraph 1, the Court is obliged to the trial of such researches.



section 214



The accused must be after each proof asked whether he wants to

It expressed, and his statement is written to the log.



section 215



Cooperation of the parties in the taking of evidence



(1) the Prosecutor, the accused, his defence counsel and legal representative,

the person concerned, the injured and their agents may, with the consent of the

President of the Chamber to ask questions examined, usually when

the President of the Senate when questions over and no longer have the questions members

the Senate.



(2) the Prosecutor, the accused and his defence counsel may apply for them

It was to carry out the evidence, in particular, the hearing of a witness or expert.

President of the Chamber met in particular when it comes to evidence

carried out to their design or stored and presented by; is not obliged to

met, in the case of interrogation of the accused, witness before

fifteen years old, sick or injured witness or if

evidence either of these people were not from another serious

because of the fit. If the hearing of a witness or expert in the same

designed as a public prosecutor and the accused or defence counsel, and the two

the parties asked for the execution of the hearing, the presiding judge shall decide, after

the observations of both parties about which of them performs an interrogation. The implementation of the

questioning one of the listed parties, the Chairman of the Senate break only

If a hearing is not conducted in accordance with the law, on the front of

vyslýchajícím is restrained or is it maintained other interrogation inappropriate

way, or the President of the Senate or the Chamber considers it necessary

ask the vyslýchanému question, which it is not possible to postpone the laying period

such questioning or its parts.




(3) After the hearing or part of execution referred to in paragraph 2 shall have the right

the other party to ask vyslýchanému questions. The last sentence of paragraph 2,

Similarly here.



(4) after all of the evidence, the presiding judge finds that the parties do not make

proposals for additional evidence.



THE FIFTH SECTION



The conclusion of the trial



Closing speech



§ 216



(1) if there is no other evidence or proposals, it was decided that the

more evidence will not be carried out, the President shall declare the Senate performance with the

completed and grant the word final talk.



(2) After the final speech of the State Prosecutor to speak is damaged, the interested

person, defence counsel of the accused or the defendant. If it has a damaged or

the person concerned has an agent, the agent will speak. If necessary, shall determine the

order of the President of the Senate, which after closing speech Prosecutor

take the words of the individual beneficiaries. The defence lawyer of the accused, or

the defendant, however, always the last to speak.



(3) If, after the accused's defence counsel or speech took the words again

the Prosecutor, the defence counsel or the accused has the right to

to answer.



(4) the final speech, the President may interrupt the Senate only if they fall outside

apparently from the scope of the present case.



§ 217



After the end of the final speech, and before going to a final consultation grants

President of the Chamber accused the last word. During this speech

not to be accused even by a court, nor anyone else asked questions.



§ 218



Additional evidence



(1) if the Court finds that, due to the talk, or the final final

consultation, that is yet to be any circumstance clarified that the Act

the taking of evidence to be completed, and the trial continues.



(2) When additional evidence is always necessary to again give the word to the final

the talk.



THE SIXTH SECTION



An adjournment of the trial



section 219



(1) the Court odročí the trial, if there is an obstacle, for that cannot be

the main trial or resume, the date when the

will be held the next major version; continue the trial indefinitely is

possible only if required by the nature of the Act, for which the main version is not

possible to carry out or continue. Falls off if you

the trial had to be adjourned indefinitely, you must, without undue

delay, at the latest, within the time limits specified in § 181 paragraph. 3 after the disappearance of

obstacles to order the trial or take other action to

the end of things. If so, President of the Chamber, for important reasons

to do so, apply, mutatis mutandis, to section 181 paragraph. 3 the last sentence.



(2) before the trial court odročí, President of the Chamber finds that the

parties are further evidence that would be needed for the next version

to annotate.



(3) if there is no need for a substantial defect management or from another

important reason to perform a major version again, the President of the Senate shall communicate to the

continuing in the odročeném trial the essential content of the current

the negotiations. If you have changed the composition of the Senate, or passed from the adjournment

the trial longer, it reads with the consent of the Prosecutor and

Chairman of the Board of the accused, the essential content of the Protocol on the main version,

including evidence taken therein; If approval is given, must be core

version done again.



THE EIGHTH SECTION



The Court's decision in the main proceedings



section 220



Basis for decision



(1) the Court may decide only on the deed, which is listed in the plea

the proposal.



(2) when the decision may only be taken into account only to the facts that have been

discussed in the main version, and based on the evidence that the parties

submit and implement, where appropriate, that he himself said.



(3) the legal assessment of the deed in the indictment, the Court is not bound.



§ 221



The return of the case to the Prosecutor



(1) show the results of the trial to a substantial change of circumstances

the case, and if it is necessary to clarify things further investigation, the Court may

refer the case back to the Prosecutor for investigation.



(2) the Court returns the case to the Prosecutor for investigation also indicates a

the results of the trial, that the accused has committed another

deed, which is a criminal offence and the Prosecutor on the case

ask given the need for common discussion.



(3) the provisions of section 191 applies also to return the things referred to in paragraphs 1 and 2.



(4) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



§ 222



Referral to the



(1) if the Court finds in the zažalovaném deed a criminal offence, to the discussion of the

is not competent to decide on the presentation of the case for decision on jurisdiction

the Court, which is the closest parent together to him and of the Court, which is based on

him competent. However, it is required to decide the matter himself, if only

the jurisdiction of the local and the defendant is not complained; It is also obliged to myself thing

decide if it should be ordered to close as possible together supervisor

the Court of the Court of the same kind, but with a lower classification. Decide on the submission of

the decision on the matter of jurisdiction, the Court cannot, whom the case was

Superior Court ordered, unless the factual basis for the

assessment of the jurisdiction has changed considerably in the meantime.



(2) the Court shall refer the matter to another authority, if it is satisfied that it is not about

the offense, however, zažalovaný deed might be assessed by another institution

as a misdemeanour or disciplinary transgressions, which is the competent authority responsible

make decisions.



(3) against a decision on referral in accordance with paragraph 2, the Prosecutor

to file a complaint, which has a suspensory effect.



§ 223



Stopping criminal prosecution



(1) the Court will stop the prosecution, if the Court finds for the trial, that the

It is one of the circumstances referred to in section 11.



(2) the Court may suspend the criminal proceedings even if if the Court finds for the main

version, there is one of the reasons set out in section 172 para. 2.



(3) the decisions referred to in paragraphs 1 and 2 may also relate to only one of the

acts for which prosecution has been made.



(4) against the decisions referred to in paragraphs 1 and 2, the Prosecutor may submit a

the complaint, which shall have suspensive effect.



section 223a



Conditional cessation of criminal prosecution and the approval of the settlement



(1) the Court in the trial the prosecution conditionally stops or

shall decide on the approval of the settlement, if it finds the circumstances referred to in section 307

paragraph. 1 or 2 or § 309 para. 1.



(2) against the decision referred to in paragraph 1, the Prosecutor, the accused

and to file a complaint, which has a suspensory effect.



§ 224



Interruption of criminal prosecution



(1) the Court suspends criminal prosecution if the Court finds for the trial, that the

It is one of the circumstances specified in § 173 paragraph. 1 (b). b) to (d)), or from the

the ground provided for in paragraph 9a(1). 2.



(2) the Court suspends criminal prosecution if the accused cannot be

deliver the summons to trial.



(3) where the grounds for interruption to pass away, the Court in the criminal prosecution continues.



(4) against the decision of the Court in which the prosecution broke or which

a proposal for the continuation of it dismissed, prosecutors can file a complaint.



(5) the Court suspends criminal prosecution if it is considered that the law, the use of which is

in a criminal case for deciding guilt and punishment, is in

contrary to the constitutional order and shall refer the matter to the Constitutional Court.



The judgment of the



§ 225



(1) if the thing be returned to the Prosecutor pursuant to § 221, submitted to the

decision on jurisdiction under § 222 para. 1 or referred to another

authority under § 222 para. 2 and if there is no cessation of criminal prosecution

under section 223, to conditional cessation of criminal prosecution or the approval of the

a settlement pursuant to section 223a or interrupted pursuant to § 224, the Court

the judgment of whether the defendant acknowledges the guilty or acquitted

releases.



(2) Recognize the accused guilty criminal offence according to the more stringent

provisions of the Act, rather than by the prosecution, the judge may act

the Court only when the defendant was on the possibility of a more stringent

the assessment of the deed notified under section 190 paragraph. 2.-If so, is

should the accused the option warn before plotting the

judgment, and asks about it, give him a time limit for the preparation of the defence again

and the main version for this purpose continue.



§ 226



The Court shall relieve the accused of the indictment, if based on the evidence

presented in the main proceedings by the public prosecutor and, where appropriate, supplemented by

Court, and to the proposals of the other party,



and has not been proven) became an offence for which the accused is prosecuted,



(b)) in his statement of the proposal marked an act is not a criminal offence,



(c)) has not been proven that the accused committed this deed,



(d) the accused is not for insanity) criminally responsible, or



e) crime.



§ 227



If the criminal prosecution was stopped as a result of the granting of grace,

Amnesty, limitation or because the consent of the victim with the criminal

prosecution was not given or was taken back, or for any of the reasons

referred to in section 172 para. 2 and in the proceedings continue only because

the defendant insisted on the hearing of the case (article 11, paragraph 4, section 172 (4)),

the Court, when it finds it no other reason for the acquittal of the accused,

While the blame, punishment, however, does not save.



§ 228



(1) if the Court Disapproves the accused for the crime, which caused the


other property damage or non-material damage or fixing to the detriment of

the victim unreasonably enriched, impose in the judgment to the victim

replace the property damage or non-material damage, in cash or in order to

issued the unjust enrichment claim in time, if it was applied (§ 43

paragraph. 3), unless otherwise provided by this Act; unless the statutory

obstacle, the Court the accused always saves the obligation to pay compensation or to

the issue of unjust enrichment, provided that the amount of damages or the scope

unjust enrichment of part of the description referred to in the operative part of the deed

the judgment by which the defendant acknowledges the guilty, and the damage in this amount has not been

not yet paid or unjust enrichment has not yet been in this range

released.



(2) the Statement of the obligation of the defendant to pay compensation or non-material

harm or unjust enrichment must exactly

indicate the person authorized and entitled, which was attributed to him. In

justified cases, the Court may pronounce that the obligation is to be fulfilled in the

instalments, the amount and the terms of repayment while determining.



(3) the operative part of the judgment on the performance in money might be on the proposal

expressed in a foreign currency, if it does not contradict the circumstances of the case and



and) damage was caused by the funds in a foreign currency or on

cases purchased for such funds, or



(b) the defendant or the sufferer is) cizozemcem.



(4) if the Court Disapproves the accused for the crime of jail sentence

imprisonment, and if the victim admits at least partly qualify for

damages or non-material damage in money or issuing a

unjust enrichment, it shall instruct the injured party of the possibility to request a

notice of the holding of a public meeting on conditional release from punishment

the deprivation of liberty. The request of the injured party of the Court which gave the judgment in

the first instance.



§ 229



(1) If according to the results of evidence for voicing the obligation to

damages or non-material damage in money or to issue

unjust enrichment of surface or if it would be for a decision on the

the obligation to compensate for damage or non-material damage in monetary terms or to

the issue of unjust enrichment must carry out further evidence which would

significantly delayed criminal proceedings, the Court will refer the victim to the proceedings in the

civil, or to proceedings before another competent

authority.



(2) The proceedings in matters of civil law, where applicable, the procedure before the

other competent authority, the Court will refer the victim also with the rest of his

the claim, if a claim for any reason, be granted only in part.



(3) If a court waives the prosecution of the accused, the injured party refers to

his claim for damages or non-material damage, in cash or in

the issue of unjust enrichment always on management matters

civil, or to proceedings before another competent authority.



§ 230



(1) if the Court finds that the defendant's reason for the imposition of a safeguard measure

can you save without an application by the public prosecutor.



(2) if the Court needs to make a decision on the protection measures

yet more evidence that cannot be implemented immediately, reserves

a decision on protective measures to the public meeting.



(3) proceed in accordance with paragraph 2 can be used even if the Prosecutor

It has made a proposal to prevent things components of the defendant.



THE EIGHTH SECTION



The Court's decision outside the main version



§ 231



(1) if found outside the trial one of the circumstances referred to in

§ 223 para. 1 and 2, section 223a para. 1 or § 224 of paragraph 1. 1 and 2, the Court decides

on the suspension of criminal prosecution, or its interruption, the conditional

stopping criminal prosecution, or for the approval of the settlement.



(2) in addition to the trial court in a private session.

If it considers it necessary for the President of the Senate, can the decision on

the settlement requires the approval of the public meeting.



(3) against the decision referred to in paragraph 1, the Prosecutor may submit a

the complaint, which has, except for the suspension of criminal prosecution, the suspensory

effect. Against a decision on conditional cessation of criminal prosecution or

on the approval of such a settlement may also complain to the accused and

damaged.



THE HEAD OF THE FOURTEENTH



Public meeting



§ 232



General provisions



In the public meetings of the Court, where the law expressly provides.



§ 233



Preparation of the public meetings of the



(1) the President of the Chamber shall invite to the meetings of the persons whose personal

participation in it is needed. The public prosecutor shall inform the meeting,

as well as the person who gave the design to the public meeting of the initiative and the

the person who may be directly affected by a decision, if these persons

public meetings have been summoned; also, if appropriate, shall inform the Attorney

fiduciary and legal representative of such persons. To a subpoena or

the notification a copy of the proposal, which connects to the public meeting given by the

the initiative.



(2) the date of the public meeting, the President of the Chamber, so that the person

that meeting gave the public its proposal for the initiative, the person may

be directly affected by a decision, advocates or agents of those persons,

as well as the Public Prosecutor remained from the service to the public

the meeting or of the notification about it at least a five-day period to prepare.

Shortening this period is possible only with the consent of, in whose interest it is

the time limit given. For other persons of the public meetings of the

be summoned or, on the need to maintain a generally

the three-day period.



section 234



Presence at a public meeting



(1) the public meeting is held for the permanent presence of all the members of the Senate and

the rapporteur. The presence of other people can be ensured and

through videoconferencing facilities; § 111a shall apply mutatis mutandis.



(2) unless otherwise provided in the Act of something else, there is no participation of the public prosecutor and the

Defense Attorney at a public meeting.



The progress of the public meetings of the



section 235



(1) following the initiation of the public meeting, the President shall submit or by the

the Senate on the basis of the documents before the Court, a report on the State of Affairs focused on the questions that

It should be in a public meeting to address. Then the person that gave his

the proposal to the public meeting of the initiative, design matters. The person who can

be directly affected by a decision of the public prosecutor, as well as on the draft

expressed, if not to the applicant.



(2) if they are carried out at a public meeting of the evidence shall be reasonably

the provisions on the taking of evidence at the trial. Restrictions in the taking of evidence

reading Protocol on the testimony of a witness or expert or by playing a

video and audio footage of their interrogation, carried out by

through videoconferencing facilities (§ 211, paragraphs 1, 5 and 7)

applies only to a public meeting held on the appeal.



(3) After the taking of evidence shall grant the President the Senate final word

proposals. If the person who may be directly affected by the decision,

the accused has the right to speak last.



section 236



The Court's decision will always be published publicly.



§ 237



Basis for decision



In its decision the Court may take into account only the facts that have been

discussed in a public meeting, and based on the evidence that has been in

the public session made.



§ 238



The use of provisions on trial



On the public, the management, the beginning and the adjournment of the public meeting is to be used

mutatis mutandis, the provisions relating to the main version.



Protective treatment, security detention and prevents things



§ 239



the title launched



(1) unless it is a case where the Court's decision on the protection of healing,

security detention or about preventing things reserved pursuant to § 230 para. 2,

You may save them in open court, only if it proposes the public prosecutor.



(2) the decision on the protection of the safety cure, detention and

prevents case is admissible a complaint which shall have suspensive effect.



section 239a



(1) If, in proceedings for things measured reliably prevents the owner of the things

to be taken, or if his residence is not known, he will appoint the President of the

the Senate of the guardian. The guardian has in preventing things the same rights

as its owner.



(2) all documents intended for the owner of the case shall be served only

guardian. A summons to the owner of the things meeting the appropriate

way to publish. A public meeting is even in the absence

owner, regardless of whether the owner of the things about him

learned.



(3) the decision on the provision of custodian is admissible a complaint.



THE HEAD OF THE FIFTEENTH



A non-public meeting



§ 240



In a private session shall be decided by a court where there is no prescribed by law,

that will be decided in the trial, public meetings, or by

meeting.



§ 241



cancelled



§ 242



(1) a non-public meeting is held for the permanent presence of all the members of the Senate

and the rapporteur.



(2) other persons are involved in the private session.



§ 243



If you need to perform when a private session of evidence, it is

by reading the reports and other documents.



§ 244



The decision will always be published.



THE HEAD OF THE SIXTEENTH



Appeals and proceedings



§ 245



Admissibility and effect



(1) an appeal against the judgment of the Court of first instance is


the appeal. Against the judgment, which the Court approved the agreement on guilt and punishment,

an appeal may be only in the case that such a judgment is not in accordance with the

the agreement on guilt and punishment, whose approval of the Court, the Prosecutor suggested.

Against the judgment, which the Court approved the agreement on guilt and punishment, may

injured party which filed a claim for damages or non-material damage

or on the issue of unjust enrichment, to appeal for the incorrectness of the

statement on damages or non-material damage in the money or the release of

unjust enrichment, unless the agreement on guilt and punishment, he agreed with

the scope and manner of compensation for damage or non-material damage or release

unjust enrichment, and this agreement has been approved by the Court in the form, with the

to which he agreed.



(2) the appeal shall have suspensive effect.



Authorised persons



§ 246



(1) judgment may appeal to challenge



and the Prosecutor for inaccuracy) of any statement,



(b) the defendant for the incorrectness of the operative part) that directly affects him,



(c) the person concerned for inaccuracy) opinion about preventing things



(d)) the injured party which filed a claim for compensation for damage or non-material

injury or unjust enrichment, for the incorrectness of the statement of

damages or non-material damage in the money or the release of

of unjust enrichment.



(2) a person entitled to challenge a judgment for any incorrectness of his

the operative part it can challenge also because such a statement has not been made, as well as

(I) for infringements of the provisions on the procedure before judgment, if

This may cause the statement is incorrect or missing.



§ 247



(1) to the detriment of the accused may contest the judgment by reference only

State representative; only as regards the obligation to compensate for damage or

non-material damage in monetary terms, or to unjust enrichment, has

This right also injured party which filed a claim for damages or

non-material damage or unjust enrichment.



(2) the defendant may appeal to challenge the judgment in addition to

the accused and the Prosecutor and relatives of the accused in the tribe

direct, his siblings, adoptive parent, osvojenec, husband, partner and friend.

The State Prosecutor may do so even against the will of the accused. If

the defendant deprived of legal capacity or if its

competence to perform legal acts is limited, even against the will of the accused for

his appeal on his behalf also his legal representative, and his

Defense Attorney.



§ 248



Time and place of



(1) the appeal is lodged with the Court, against whose judgment is directed, within

eight days from receipt of a copy of the judgment.



(2) if the judgment be served on both the accused and his lawyer

and the legal representative, the period runs from the service that was performed

at the latest.



(3) other persons referred to in section 247 paragraph. 2, with the exception of the State

Representative, the limit ends on the same date as the accused.



§ 249



The content of the appeal



(1) an appeal must be within the period referred to in Section 248 or, in the further period of time to

by the Chairman of the Senate of the Court of first instance under section 251 also

justified so that the helmet, in which judgment is challenged by statements

and what defects are alleged to have the judgment or proceedings of the judgment

preceded by. Must be an authorized person briefed.



(2) the public prosecutor is obliged to state whether the appeal is filed, even if

in part, the benefit or to the detriment of the accused.



(3) an appeal may be to rely on new facts and evidence.



§ 250



The surrender and withdrawal of appeal



(1) following the publication of the judgment creditor may appeal expressly

give up.



(2) a person who has lodged the appeal is an explicit statement can take

back up until the appeals court removes the final consultation.

The appeal of the Prosecutor may withdraw and superior public prosecutor.



(3) an appeal lodged in favour of the accused other authorised person

or for the accused's defence counsel or legal representative may be taken

back only with the express consent of the accused. The State Prosecutor may take

such an appeal back even without the consent of the accused. In this case, running

defendant, the new time limit for lodging appeals of the notification that the appeal

was taken back.



(4) the discontinuance of the appeal, unless the obstacles, the resolution noted the

President of the Chamber of the appeal court, and if the matter was not before this Court

submitted to the President of the Chamber, the Court of first instance.



§ 251



Proceedings before the Court of first instance



(1) if the appeal does not comply with the State Prosecutor, appeals, which filed for the

the prisoner, his counsel or the appeal filed for defective

or for the person involved, their agent, the elements of the content of the appeal

under section 249 para. 1, the President of the Senate, will prompt them to remove defects in the

within five days, while laying down them and warns them that otherwise

the appeal will be rejected in accordance with § 253 para. 3. the same applied, if

such an appeal filed by the defendant who has a lawyer, damaged or

the person concerned who have an agent.



(2) if the defendant who filed the appeal do not meet requirements

content of notice of appeal under section 249 para. 1, a defense attorney, it shall invite the President of the Chamber

to correct the defects within a period of eight days and provide it to remove the defects

the appeal of the necessary lessons. If it did not lead to the remedy or if required by the

the nature of the case, and the accused's defence counsel himself did not elect,

He appoints for the purpose of just grounds for appeal or even advocacy in

Chairman of the Board and of the appeal proceedings, proceed in accordance with paragraph 1. U

the injured party and interested persons who do not have an agent, it shall

President of the Chamber appropriately.



(3) Once the time limits have elapsed for filing an appeal and the time limit for the removal of defects

the appeal for all beneficiaries, President of the Chamber shall deliver a copy of the

the appeal and the reasons for the other parties and their nevyčkávaje

representation shall submit to the writings of the Court of appeal.



§ 252



The Court of appeal



An appeal against the judgment of the District Court shall be decided by the parent County

the Court and the appeal against a decision of a military court decides

the parent of a higher military court. On the appeal against the judgment of the regional or

the higher military court as the Court of first instance shall be decided by the parent

High Court. ^ *)



--------------------



*) Note. ASPI-in full, no 69/1994 Coll., the provisions are not listed

the military courts.



The decision of the Court of appeal



§ 253



(1) the appellate court rejects the appeal, if it was filed out of time, a person

unauthorized or person who has expressly waived the revocation or

filed an appeal in the same case had already expressly taken back.



(2) as a lazy cannot be refused the appeal, that the authorized person

filed out of time just because they have followed an incorrect instruction of the Court.



(3) the appellate court rejects the appeal, which does not meet the requirements of content

the appeal.



(4) refuse the appeal referred to in paragraph 3 may not be, if not

authorised person duly advised in accordance with § 249 para. 1 or not authorized

a person who does not have a lawyer or agent, assisted in

remove the defects of the appeal (§ 251, paragraph 2).



§ 254



(1) if it does not reject or reject an appeal to the Court of appeal under section 253,

examine the legality and substantiation of the detachable sayings

the judgment against which the appeal is brought, and the accuracy of the progress of the procedure,

that preceded them, and in terms of the alleged defects. The defects, which

they are not citing the charges, the Court of appeals shall take into account only if they have the effect of

on the accuracy of the statements, against which the appeal is brought.



(2) If, however, the impugned defects originate in a different scope than in the fact

against which the appeal is brought, the Court of appeal and shall review the correctness of the

such a statement, that the appeal, if the contested statement follows

the authorized person may lodge an appeal against it.



(3) if the person concerned lodges an appeal against the conviction,

will review the Court of appeal in the wake of the alleged defects and opinion on the

the sentence, as well as other statements, which are in the conviction of its basis,

regardless of whether it was an appeal against these decisions.



(4) if the appeal challenged part of the judgment relating to only some of the

more people, which have been decided in the same judgment, the Board of appeal shall examine

the Court in the manner just that part of the judgment and of the previous proceedings,

that refers to this person.



Section 255



(1) the Court of appeals suspends criminal prosecution if a Board of appeal

management made it clear that after the publication of the contested judgment, one of the

the circumstances referred to in section 173 paragraph. 1 (b). b) to (d)), unless

the defendant to deliver the summons to the public meetings of the Court of appeal

or that referred to in section 9a.



(2) the Court of appeals suspends criminal prosecution if it is considered that the law, which

take in a criminal case, the CFI when deciding on guilt and

the sentence is in conflict with the constitutional order; in this case, refer the matter to

To the Constitutional Court.



§ 256



Court of appeal, the appeal shall be refused if the Court finds that it is not reasonable.



§ 257



(1) the Court of appeal, the judgment under appeal and cancels all or part of the extent

cancellation



and) decide to bring the case to the jurisdiction of the Court which

together, the Superior Court of first instance and of the Court, which is based on the


appropriate, if he had to make the Court of first instance (article 222 (1));

If the Superior Court appellate court together, the decision immediately

in itself, the commandment to the competent court,



(b) it shall refer the matter to another body), you should do so already in the Court of first

degree (section 222, paragraph 2),



(c)) the prosecution stops, if the Court finds that there is a certain of the circumstances,

that would justify stopping the prosecution of Court of first instance

(§ 223 para. 1, 2),



d) prosecution conditionally stops or decides on the approval of the

the settlement, if it finds that the circumstances referred to in § 307 paragraph 1. 1 or 2 or §

309 para. 1,



e) prosecution interrupted, should do so no longer Court of first instance

(§ 224, paragraphs 1, 2 and 5).



(2) if the appellate court finds that there is any of the circumstances provided for in §

11 (1) 1 (b). a), b), (i)), which occurred after the publication of the contested

judgment of the Court without the judgment under appeal set aside, stop

a criminal prosecution.



(3) in appeal proceedings, in which the prosecution was stopped from

one of the reasons referred to in paragraph 2 shall, however, continue to declared

the accused within three days from the time when he was a resolution on the cessation of the criminal

the prosecution announced that the consideration of the case. It should be about that of the accused

enlighten.



§ 258



(1) the Court of appeal, the judgment under appeal also cancels the



and for essential defect management), which preceded the judgment, in particular

because in this procedure have been infringed the provisions governing

secure the clarification of the case, or if the rights of defence, could have the effect of

on the accuracy and legality of the examined part of the judgment,



(b)) for the defects of the judgment, in particular, for the lack of clarity or incompleteness of the

the facts relating to the part of the judgment, or

because it is on such parts of the Court failed to examine all the circumstances

is relevant to the decision,



(c)) will be incurred if in doubt about the correctness of the facts regarding the

the part of the judgment, to clarify things, the evidence must be repeated

or examine evidence more and their application before the Court of appeal should

meant to replace the activity of the Court of first instance,



(d)) was examined in part the judgment of the violated provisions of the criminal

the law,



(e)) where the penalty imposed in the part of the judgment was unreasonable,



(f)) where the decision as the right of the injured party in the

part of the judgment is incorrect,



(g)) if it is not in accordance with the agreement on guilt and punishment whose approval state

the representative suggested to the Court; This does not apply if the statement of claim as

the injured party, which with the agreement on guilt and punishment, or

the victim, whose duly claim agreement on guilt and punishment

does not match.



(2) if it is defective only part of the judgment under appeal and can be separated from the

the other, the judgment of the Court of appeal cancelled only in this section; If

However, even if only in part, the statement of guilt, always at the same time the entire statement cancels the

the sentence, as well as other statements, which are in the conviction of its surface.



section 259



(1) If, after the annulment of the contested judgment, or some of its parts should be

make a new decision on the matter, the Court of appeal may thing returned to the Court

of first instance only if the defect cannot be in public session,

in particular, if the findings are so inadequate, that should be the main

version or perform extensive and difficult to implement replenishment

the taking of evidence.



(2) if the defect only in the fact that in the contested judgment any statement

is missing or incomplete, the Court of appeal may, without judgment, cancels the thing

Court of first instance with the order to return the missing statement decided to

or incomplete statement said.



(3) the judgment in case to the Court of appeal may, if

a new decision can be made on the basis of the facts that was in

the judgment under appeal correctly detected and, where appropriate, on the basis of the evidence

that were made before the Court of Appeal added or changed. The Court of appeal is

may derogate from the factual findings of the Court of first instance only if the

If, in appeal proceedings



and again some) carried out a for factual findings essential evidence

made already in the main version, or



(b)) carried out the evidence which have been performed in the main version.



(4) to the detriment of the defendant the Court of appeal may vary

the judgment only on the basis of the Prosecutor's appeal, which was filed in

disadvantage of the accused; in the operative part or non-material damages

injury in the money or the release of unjust enrichment may do so

also on the basis of the appeal of the injured party which filed a claim for compensation

or non-material damage or damage to the unjust enrichment.



(5) the Court of appeal cannot itself



and recognise the accused guilty deed), which has been contested by the judgment

relieved,



(b)) recognise the accused guilty criminal offence heavier than it could in the

the contested judgment, the Court of first instance recognised guilty (section 225 (2)).



§ 260



If you cannot continue after the cancellation of the judgment in the proceedings before the Court of

unrecoverable procedural irregularity and if there is no reason for a different decision,

Returns the matter to the Court of appeal to the Prosecutor for investigation. The provisions of § 191

and section 264 paragraph. 2 there shall apply mutatis mutandis.



§ 261



Benefits-if the reason from which the Court of Appeal decided in favour of a

the accused, also the next spoluobžalovanému or the person concerned,

the Court of appeal will decide whether or not always in their favor. Just decide in

benefit of the defendant, which benefits the reason from which ruled in

the benefit of the person concerned.



§ 262



If the Court of appeal that the case returns to a new discussion and

the decision of the Court of first instance may order that a

discussed and decided in a different composition of the Senate. Of the important reason,

You may also direct that it discussed and decided to another court of the same species and

the same instance in its place.



§ 263



Proceedings in the Court of appeal



(1) an appeal shall be decided by the Court of appeal at a public hearing. Also in the

private session can make the decision



and) under section 253, 255 and 257,



(b)) under section 258 paragraph. 1, it is clear that the defect cannot be deleted in

the public session.



(2) the participation of a Prosecutor in the public session is mandatory.



(3) at a public meeting held on the appeal, a defendant must have

advocate in all cases where it must have when the main version.



(4) in the absence of the defendant, who is in custody or in the performance of

imprisonment, the Court of Appeal held a public meeting only

If the accused expressly declares that participation in public

the meeting gives up.



(5) following the initiation of the public session of the Senate or by the Chairman

specified by the Member of the Senate of the judgment under appeal and shall submit a report on the State of things. Then

raised by the appellant of his appeal and justify them; If the appellant

present, reads the appeal including the preamble to the President of the Chamber or its

specified by the Member of the Senate. The Prosecutor and the person, which may be

the appeal court's decision directly affected, if not to the appellant,

make its observations and suggestions on the taking of evidence; If it is not

some of those persons present and if the observations contained in the file,

or if so requested by it, the Chairman shall refer the contents of their administration of the President of the Senate, or

by a member of the Senate.



(6) after the presentation of the proposals in the public meetings of the Court of appeals will perform

the evidence needed for a decision on the appeal, unless it is a large and

difficult to implement additional evidence, which would mean replacing the

the activity of the Court of first instance. On the taking of evidence is to be used, the provisions of

taking of evidence in the trial. If the accused is not present, although he was

duly summoned, it is considered that, by reading the protocols of interrogation

witnesses and experts agree.



(7) in terms of changes or additions to the factual findings of the Court of appeal

may take into account only the evidence that were made in the public meetings of the

before the Court of appeal; This evidence further to evaluate the evidence

made by the Court of first instance in the main proceedings. The Court of appeal is

bound by the assessment of the Court of first instance of the evidence with the exception of those

the evidence which the Court of Appeal itself again at a public hearing.



§ 264



Proceedings before the Court of first instance after the cancellation of judgment



(1) the Court to which the case was returned for reconsideration and decision, it is

bound by the legal opinion expressed in its decision, the Court of appeal,

and is obliged to perform tasks and the addition of the Court of appeal

He ordered.



(2) if the judgment Was cancelled as a result of appeal only in the

defendant cannot in a new decision to change management

in its detriment.



§ 265



Consequences of the cancellation of verdict on damages or non-material damage in the

the money or the release of unjust enrichment



If the Court of appeal, the judgment under appeal only in the operative part of the refund

damages or non-material damage in the money or the release of unjust

enrichment and unless the requester himself in case the injured party to the proceedings in the

civil, or to proceedings before another competent

authority.



THE HEAD OF THE SEVENTEENTH



LEAVE to APPEAL



section 265a



The admissibility of the appeal



(1) the further appeal may be subject to the final decision of the Court on the merits,

If the Court ruled in the second degree and the law permits.




(2) the Decision on the merits of means



and judgment, which was) the accused found guilty and saved his penalty,

where appropriate, a safeguard measure or punishment has been waived,



(b)) judgment, which was accused of the indictment released from,



c) resolution on the cessation of criminal prosecution,



(d)) the resolution on the transfer of the case to any other authority,



(e)) the resolution, which was imposed a safeguard measure



(f) the conditional stop) the resolution of criminal prosecution,



g) resolution on the approval of the settlement, or



(h)) decision, which was rejected or denied ordinary appeal

against the judgment or order referred to in subparagraphs) to (g)).



(3) an appeal to the detriment of the accused may be made only on the grounds that the

the Court proceeded in accordance with article 259 paragraph. 4, § 264 paragraph. 2, § or § 273

289 (c). (b)).



(4) the appeal only against the grounds of the decision are not permissible.



section 265b



The reasons for the appeal



(1) an appeal may be lodged only if there is any of the following reasons:



and in a case decided in substance) to decline jurisdiction court, or the Court, which has not been

Accordingly, unless the place occupied by the single judge ruled the Senate or decided

higher court,



(b)), decided to foreclosed authority; This ground does not apply when

This circumstance was the one who serves the appeal, is already in the main proceedings

known and it was not before the decision of the authority of second instance namítnuta,



(c) the accused had no control), although according to the law have had,



(d)) was a breach of the provisions of the presence of the accused in the main proceedings

or in the public session,



e) against the accused was led by the prosecution, although according to the law

It was unacceptable,



(f)) it was decided to transfer the case to another body, terminating

criminal prosecution, conditionally cease prosecution, about

approval of the settlement, without the conditions for such a decision,



g) decision is based on an incorrect legal assessment of the deed or other

the wrong substantive law,



h) the accused person was saved by the kind of punishment that the law does not permit,

or he has been sentenced in an area outside the criminal rate provided for in the

the Criminal Code of the offence with which he was convicted,



I) it was decided to forgo punishment or abandonment of

punishment with supervision, without the conditions laid down by law for the

such a procedure,



(j)), it was decided to impose a safeguard measure, without have been met

the conditions laid down by law for the imposition,



to a statement in the decision) is missing or incomplete,



l) it was decided to reject or reject the proper correction

the resource against the judgment or order referred to in section 265a para. 2

(a). a) to (g)), without the procedural conditions laid down are met by law

for such a decision or even though he was in his previous management given by the

the reason for the leave to appeal referred to in (a)) to).



(2) an appeal may be filed even if the imprisonment on

a life sentence.



§ 265 c



Dovolací Court



The appeal shall be decided by the Supreme Court.



§ 265d



Authorised persons



(1) an appeal may be made by



a) on a proposal from the Prosecutor or Chief of the district public

representative or even without such a proposal for any incorrectness of the statement

decision of the Court in favour of and against the accused, the



(b) the accused person for the incorrectness of the operative part) the Court's decision, which it

of direct concern.



(2) the accused may lodge an appeal only through an attorney. Administration

the accused, which has not been made by the defence counsel, it is not considered

for leave to appeal, even if it was marked as follows; about the accused must be advised (§

paragraph 125. 3). the Supreme Court about this Administration does not act, but shall transmit it

Depending on its content, either to the competent court such as the proposal for the

reopening of the proceedings or the Minister of Justice as an inducement to

complaint for violation of the law, or return it to the accused with

lesson that the appeal may be made only through an attorney. Similarly,

progresses in the administration of people, which could lodge an appeal on his behalf.

If the accused is deprived of legal capacity or if its

competence to perform legal acts is limited, even against the will of the accused for

his appeal on his behalf to submit also his legal representative, and his

Defense Attorney.



§ 265e



Time and place of



(1) the appeal shall be lodged with the Court, which ruled in the case in the first instance,

within two months of notification of the decision against which the appeal is directed.



(2) if the decision delivers to the defendant and his defenders

and the legal representative, the period runs from the service that was performed

at the latest.



(3) the time limit for filing an appeal is preserved even if the appeal is

is lodged within the time limit in the Supreme Court or to the Court that ruled on the case

in the second instance, or if the Administration, whose content is determined by the appeal

within a time limit to the post office and addressed to the Court in which it is to be given or that

has to decide in the matter.



(4) the return of the deadline for filing an appeal is not permitted.



§ 265f



The content of the appeal



(1) an appeal shall be in addition to the General requirements (section 59 (3))

the filing stated, against whom the decision is directed, that statement, in which they

the extent and reasons for attacks and what dovolatel claims, including

a specific proposal for a decision of the Court of dovolacího with reference to the legal

the provisions of § 265b para. 1 (b). and) to l) or section 265b para. 2, which

the appeal is based. The Prosecutor is obliged to appeal

indicate whether it is served to the benefit or to the detriment of the accused.



(2) the extent to which the decision is being challenged, and the reasons for further appeal appeal

You can only modify the duration of the period for filing an appeal.



§ 265 g



Withdrawal of appeal



(1) a person who has lodged the appeal is an explicit statement can take

back up until the Supreme Court removes the final consultation.

In proceedings on appeal, however, continues, when the Attorney General

appeal lodged just back in favour of the accused, if the accused takes on

dovolacího continuation of the proceedings; in that case, the Supreme Court

Decides the extent as if such an appeal filed by the Prosecutor

representative handed the accused himself. Withdrawal of the appeal filed by the Supreme

the public prosecutor only in favour of the accused, who died, is

ineffective.



(2) the withdrawal of the appeal, unless the obstacles, the resolution noted the

the President of the Senate of the Supreme Court, and if the matter was not before this Court

submitted to the President of the Chamber, the Court of first instance. He took the highest

prosecutors filed the appeal just back in favour of the accused and the

the accused insists on continuation of the proceedings on the appeal, stating that the President of the

the Senate of the Supreme Court in the resolution, which shall decide on the withdrawal of the

appellate review.



§ 265h



Proceedings before the Court of first instance



(1) if the appeal does not comply with the Attorney General or appellate review

the accused lodged his appeal under section content requirements

265f para. 1, the President of the Senate, will prompt them to remove the defects within a time limit

two weeks to them while laying down and alerts is that otherwise it will be

Appeal rejected in accordance with § 265i para. 1 (b). (d)).



(2) the President of the Senate of the Court of first instance shall deliver a copy of the appeal

of the accused to the Prosecutor and a copy of the appeal of the Prosecutor's advocates

the accused and the accused with a warning that they may appeal in writing to the

comment and agree to discuss an appeal in private session [§

265r para. 1 (b). (c))]. As soon as the time limit for filing an appeal expires all

authorized persons shall submit the files to the Supreme Court.



(3) if the President of the Senate on the basis of the appeal and the content of the files to

the conclusion that it should be postponed or interrupted by the enforcement of the decision, shall submit to the

without undue delay the relevant writings a proposal for such a procedure

The Supreme Court, that such a proposal be decided by a resolution not later than

within fourteen days after receipt of the documents, and unless in the meantime already completed

proceedings before the Court of first instance, returns his writings to complete the procedure.



The decision of the Court of dovolacího



§ 265i



(1) the Supreme Court rejects the appeal,



and if it is not permitted),



(b)) if submitted for any reason other than is set out in section 265b,



c) if submitted belatedly, an unauthorized person, by the person who it again

brought before explicitly took back



(d)) does not satisfy the requisites of the contents of the appeal,



e) in the case of appeal manifestly unfounded,



(f)) if it is entirely clear that the consideration of the appeal could not fundamentally

affect the status of the accused and the question that has to be the appeal of the initiative

dealt with, is not a law of fundamental importance.



(2) in the preamble to the resolution on the refusal of leave to appeal by the Supreme Court only

briefly indicate the reason for refusal by reference to circumstances relating to the

legal reason for the rejection.



(3) if the Supreme Court declines to review cases referred to in paragraph 1, shall examine the

the legality and justification of those sayings of the decisions against which there was

the appeal is lodged, to the extent and for the reasons set out in the appeal, as well as

control the contested parts of the previous decision. To vádám statements

a further appeal was not contested, the Supreme Court shall take into account only if it could

have an effect on the accuracy of the statements, against which the appeal was lodged.




(4) if the person entitled shall reasonably appeal against conviction,

examine the Supreme Court in the wake of the alleged defects and opinion on the

the sentence, as well as other statements, which are in the conviction of its basis,

regardless of whether it was even lodged an appeal against these decisions.



(5) If a further appeal challenged part of the decision relating to only some of the

from people that have been decided in the same decision, examine the

The Supreme Court in the manner just that part of the decision and

the previous management, which refers to this person.



§ 265j



Court of Appeal rejects the Dovolací if the Court finds that it is not reasonable.



§ 265k



(1) whenever it appears to the Supreme Court that the appeal submitted is justified, it shall revoke

all or part of the contested decision, where the faulty management of him

the previous one.



(2) if it is only part of the contested decision is defective and can be separated

from the other, it cancels the decision by the Supreme Court only in this section; If

However, even if only in part, the operative part of the blame, always at the same time the entire statement cancels the

the sentence, as well as other statements, which are in the conviction of its surface.

At the same time also cancels the other decisions to the repealed decision or its

the cancelled part of the content of a follow-up, if due to the change that occurred in the

cancellation, lost ground. The provisions of § 261 is used appropriately.



§ 265l



(1) If, after the annulment of the contested decision or one of its operative part

to be taken in case a new decision, the Supreme Court usually orders

the Court, whose decision it is to the extent needed again

discussed and decided.



(2) if the defect only in the fact that in the contested decision a statement

is missing or incomplete, the Supreme Court, without the decision cancels,

order of the Court, whose decision it is to rejoin the operative part decided to

or incomplete statement said.



(3) if the Supreme Court ordering the case referred to in paragraph 1 or 2 of the new

discussion and decision, it may also order that the Court has discussed and

decided in a different composition of the Senate. Important reasons can also thing

order for hearing and the decision of another court or other State

the representatives.



(4) if the accused the sentence of imprisonment imposed on him

the original judgment and the Supreme Court to appeal a statement regarding this sentence

cancels the binding at the same time will decide. The provisions on binding meetings (§ 73d

up to 73 g), in this case, of course.



§ 265 m



(1) the Supreme Court may annul the contested decision also immediately

decide in matters of judgment. The Supreme Court cannot however, himself



and recognise the accused guilty), for which he was acquitted of the indictment or

for which prosecution was stopped,



(b) recognise the accused guilty) heavier than a criminal act could be

convicted by the judgment,



(c) the accused person) to impose a term of imprisonment of twenty to thirty years

or imprisonment for life, if he was not already saved

under the decision, possibly in combination with the judgment of the Court of

of first instance.



(2) if the Supreme Court sets aside the judgment merely in the operative part for damages

or non-material damage in the money or the release of unjust enrichment,

governed § 265.



§ 265n



The decision on the appeal is not except in retrial appeal

means permitted.



Proceedings in the Court of dovolacího



§ 265o



(1) before the decision on the appeal of the President of the Senate of the Supreme Court may

to postpone or interrupt the execution of a decision, against which it was lodged

appellate review.



(2) if the decision on the appeal necessary to clarify a fact

carry out the necessary investigation, President of the Chamber of the Supreme Court, or at the

the request of any other body active in criminal proceedings, that is

must without undue delay. For such investigation shall apply

the provisions of title 5. In particularly urgent cases can be used to ensure

proof used devices referred to in the fourth head.

Ensure the person issuing a command to the arrest of the accused and of taking into custody

However, you can only propose, if the Prosecutor in the appeal

submitted to the detriment of the accused and if it considers the Supreme Court for the

necessary because of the seriousness of the offence and the urgency of the Trustees

reasons.



§ 265p



(1) to the detriment of the accused, the Supreme Court may alter the contested

the decision only on the basis of the appeal of the Attorney General, which

were made to the detriment of the accused.



(2) leave to appeal to the detriment of the accused is excluded if the



and the accused died)



(b)) on the Act by decision of the President of the Republic, which he ordered,

in order to continue the prosecution.



(3) If an appeal has been lodged in favour of the accused, only hamper

his death proceedings on the basis of the appeal; the prosecution here

Therefore, it cannot be stopped, that the accused has died.



§ 265r



(1) the appeal shall be decided by the Supreme Court in a public meeting. In

private session can make



and the decision to refuse leave to appeal) (section 265i)



(b)) the decision on the annulment of the contested decision (section 265k) and referral

for reconsideration and decision (section 265l, paragraphs 1 and 2), it is clear that the

You cannot delete a defect in a public meeting, or



c) other decisions with the consent of the discussion in a private session

the Prosecutor and the accused.



(2) the participation of a prosecutor working for the Supreme State

the Prosecutor's Office in the public meetings is mandatory.



(3) at a public meeting held on the appeal of the accused must have defence counsel

in the cases referred to in § 36a para. 2 (a). a) to (c)), if it

under section 36b.



(4) in the absence of the accused who is in custody or in prison

imprisonment, public meeting can be held only if the accused

expressly declares that participation at a public meeting.



(5) if notice of a public meeting to be delivered to the person who

a decision on the appeal may be directly affected, just about the venue of the public

meeting of its 7(3)(d) advocate or agent. If this does not

a person or an agent, Attorney, it should be for this purpose

to establish. The provisions of section 39 shall be used mutatis mutandis here.



(6) following the initiation of the public session of the Senate or by the Chairman

specified by the Member of the Senate of the contested decision and shall report on the State of affairs.

Then dovolatel their appeal and raised by justifying them. The Prosecutor and

persons who may be directly affected by a decision of the Court of dovolacího,

If they are not dovolateli, make observations; If any of the

These people present, and if the observations contained in the file, or

If requested by it, the Chairman shall refer the contents of their submission of the President of the Chamber or its

specified by the Member of the Senate.



(7) the evidence in open court before the Supreme Court as a rule

do not perform. Only exceptionally may the Supreme Court proceedings to supplement the evidence

necessary to enable it to decide on the appeal.



§ 265s



After the referral management



(1) the authority in criminal proceedings, to whom the case was ordered to a new

discussion and decision, is bound by the legal opinion expressed in

the decision by the Supreme Court, and is obliged to perform tasks of a tween,

the Supreme Court ordered.



(2) if the contested decision is annulled only as a result of the appeal

administered for the benefit of the accused, in the new proceedings cannot be changed

in his decision.



THE HEAD OF THE EIGHTEENTH



Complaint for violations of the law and the management of it



§ 266



(1) the final decision of the Court or the public prosecutor, which

the law had been violated or that was made on the basis of a defective procedure

proceedings, the Minister of Justice to submit a complaint to the Supreme Court

for violation of the law. Unless the law provides otherwise, it is not against the decision

The Supreme Court a complaint for violation of law shall be permitted.



(2) against the punishment can be a complaint for violation of the law to submit only

If the punishment is clearly disproportionate to the nature and severity of the

of the offence or the offender, or if the stored species

the sentence is clearly contrary to the purpose of the sentence.



(3) where a decision referred to in paragraph 1, the more people, the complaint

for violations of the law also be made only against the part of the decision, that

refers to some of these people.



(4) a complaint for violation of the law to the detriment of the accused against

the final decision of the Court may be made only on the grounds that the Court

He proceeded in accordance with article 259 paragraph. 4, § 264 paragraph. 2, § 273 or § 289

(a). (b)).



(5) the provisions of paragraph 4 applies mutatis mutandis to the decision of the Court or

the Prosecutor made in accordance with § 150 of paragraph 1. 1 or 3.



(6) the Minister of Justice may withdraw the complaint for violation of the law,

submitted, up to the time before the court adjudicating on the complaint for

violations of the law removes the final consultation. The withdrawal of the complaint takes

the resolution noted the President of the Chamber of the Court.



(7) if the Minister of Justice on the basis of the contents of the file to the conclusion

that it should be postponed or interrupted, will propose

The Supreme Court such a procedure, together with the filing of a complaint for violation of

the law in favour of the accused.



§ 266a



(1) a complaint for violation of the law, which was not justified, the


the Minister of Justice is obliged to justify within 14 days of its submission.



(2) a complaint for violation of the law, and the appeal lodged in the same case, discuss

The Supreme Court in a joint control. This does not preclude the procedure under section 23.



§ 267



(1) in the complaint for violation of the Act shall be in addition to the General

requirements (section 59 (4)) Administration noted, against which the decision

that statement is directed, to what extent and for what reasons it occurs and what

the Minister of Justice is seeking, including a specific proposal to

the Supreme Court decision. The Minister of Justice is obliged to in the

complaint for violations of the law indicate that it serves for the benefit of or in

the disadvantage of the accused.



(2) to have been filed and within the time limit referred to in § 266a of paragraph 1. 1 whether or not substantiated

complaint for violation of the law is no longer in the course of the proceedings before the Supreme

the Court change.



(3) the Supreme Court shall examine the legality and justification of those sayings

the decision against which the complaint was filed, for violations of the law in

the extent and for the reasons specified therein, as well as control the contested part of the

the previous decision. The statements, which were not defects complaints for

violations of the law, the Supreme Court shall take into account only if it could

have an effect on the accuracy of the statements, against whom the complaint is made for

violations of the law.



(4) if the Minister of Justice shall reasonably be a complaint for violation of

the law against conviction, the Supreme Court shall review the following

alleged defects in the opinion on the punishment and, as well as other statements that have

in the operative part of its base, regardless of whether it was even against the

the statements of a complaint for violation of the law.



(5) if the complaints for violation of the law challenged part of the decision

for some of the more people that have been decided in the same

by decision of the Supreme Court shall set out in a way only the part of the

the decision and the previous management, which refers to this person.



§ 268



(1) the Supreme Court shall reject a complaint for violation of the law,



and if it is not permitted),



(b)) was made out of time, or



(c)) is not a reason.



(2) if the Supreme Court finds that the law was violated, said the judgment,

that, by the contested decision, or parts thereof (§ 266 (3)) or in

procedure, which was preceded by such a decision, the law had been violated.



section 269



(1) Statement pursuant to section 268 paragraph. 2 is without prejudice to the decision on which

it comes.



(2) If, however, the breach of the law to the detriment of the accused, cancels the highest

the Court at the same time with the statement referred to in section 268 paragraph. 2 of the contested decision

or in part, where the faulty management of the preceding him. If

just one operative part of the contested unlawful decision and if this can be separated

from the other, only the Supreme Court cancels this statement. However, if even

in part, the statement of guilt, always at the same time the entire statement cancels the penalty, as well as

and other statements, which are in the conviction of its surface. Also cancels the

For more on the decision repealed decision substantively connecting, if

due to the change that occurred in the clearing, lost ground. The provisions of §

261 is used appropriately.



section 270



(1) If, after the annulment of the contested decision or one of its operative part

to be taken in case a new decision, the Supreme Court usually orders

the authority, whose decision it is to the extent needed again

discussed and decided.



(2) if the violation of law only in the fact that in the contested decision

a statement is missing or incomplete, the Supreme Court may, without

decision cancels the order, authority, on whose decision it is to

the lack of the operative part of a decision or an incomplete statement said.



(3) if the Supreme Court ordering the case referred to in paragraph 1 or 2 of the new

discussion and decision, it may also order that the Court has discussed and

decided in a different composition of the Senate. Important reasons can also thing

order for hearing and the decision of another court or other State

the representatives.



(4) the authority to whom the case was ordered to be bound by the legal opinion, which

expressed in case the Supreme Court, and is obliged to carry out procedural acts,

the Supreme Court ordered.



§ 271



(1) the Supreme Court may annul the contested decision also immediately

of the matter, if possible, be made on the basis of the

the facts, which was correctly identified in the contested decision.

The Supreme Court cannot however, himself



and recognise the accused guilty), for which he was by the judgment

the indictment or for which it has been exonerated by the prosecution stopped,



(b) recognise the accused guilty) heavier than a criminal act could be

convicted by the judgment,



(c) the accused person) to impose a term of imprisonment of twenty to thirty years

or imprisonment for life.



(2) if the Supreme Court sets aside the judgment merely in the operative part for damages

or non-material damage in the money or the release of unjust enrichment,

governed § 265.



§ 272



cancelled



§ 273



If the Supreme Court held that the law was violated to the detriment of

the accused, in the new proceedings cannot be a change in his decision

detriment. In the case of other decisions, the provisions of section 150 applies mutatis mutandis.



§ 274



On a complaint for violation of the law shall be decided by the Supreme Court in the public

meeting with the participation of a prosecutor working for the Supreme State

the Prosecutor's Office. If the Minister of Justice or the President of the

the Senate, taking part in a public meeting, whether or not authorized representative

the Minister of Justice. Decision pursuant to section 268 paragraph. 1, the Highest

the Court also do in a private session.



§ 275



(1) If a law violated to the detriment of the accused, obstructing his death

the procedure on the basis of a complaint for a breach of the law; Criminal

the prosecution cannot stop here because the accused has died. If the law

violated to the detriment of the accused, the only time since the legal power of the contested

decision to the decision on the complaint for violation of the Act is to

the limitation period.



(2) if notification of a public meeting, to be delivered to the person who

decision on complaint for violation of the law can be directly affected,

you just need to inform the public concerning the holding of meetings of its advocate, where appropriate,

the monitoring trustee. If this person does not have a lawyer or agent, is the need to

for this purpose establish it. The provisions of section 39 shall be used mutatis mutandis here.



(3) if the accused the sentence of imprisonment imposed on him

the original judgment and the Supreme Court to the complaint for violation of law

opinion about this sentence be lifted at the same time decides about the detention. The provisions on the

by meetings (§ 73d up to 73 g), in proceedings on a complaint for a violation of

the law, of course.



(4) before making a decision on a complaint for violation of the law, the Supreme Court may

to postpone or interrupt the execution of the decision, which was made

complaint for violation of the law. He suggested a postponement or interruption of performance

the decision of the Minister of Justice, the Supreme Court shall decide on such a

the draft resolution not later than 14 days after receipt of the case.



§ 276



If the decision on the complaint for violation of the law should be clarified

a circumstance, makes the necessary investigation, the President of the Senate of the Supreme

Court or at its request, any other body active in criminal proceedings,

where appropriate, the police authority. For such an investigation, the provisions of title

the fifth. In particularly urgent cases can be to ensure that the burden of

the material used on the basis of a resolution of the Senate and the resources referred to in

the head of the fourth.



THE HEAD OF THE NINETEENTH



Recovery management



§ 277



General provisions



If the prosecution led to a person by a final

the judgment of conviction has become final, the final resolution on

stopping criminal prosecution, a final resolution on conditional

stopping criminal prosecution, a final resolution on the approval of the

a final resolution of the judicial settlement or referral to any other authority,

can be used in the prosecution of the same person for the same Act to continue, if

such a decision was not cancelled in the prescribed proceedings, the only other

If enabled the restoration of criminal proceedings. Before enabling recovery can be used to

securing of evidence, and to ensure that persons accused do

investigative measures only within the limits of the provisions of this title.



Conditions for renewal



§ 278



(1) renewal of proceedings by final judgment, or criminal

the statement shall be allowed, they come out when facts or evidence to the Court

previously unknown, which could in themselves or in conjunction with

facts and evidence known previously to justify a different decision about blame

or about the person's claim of the injured party to damages or non-material

harm or unjust enrichment, or due to the

which originally the penalty imposed was clearly disproportionate to the nature and

the seriousness of the offence or the offender, or saved type of

the penalty would be clearly contrary to the purpose of the sentence. Recovery management, which

ended by final judgment, by which it was decided on the conditional

waiving of punishment with supervision, shall be allowed, and even before it occurred

the facts referred to in § 48 para. 6 and 7 of the criminal code, also if

come out to demonstrate facts or evidence previously unknown to the Court, which would


could by themselves or in conjunction with the facts and evidence already known

previously justified the decision on the penalty.



(2) reinstatement, which ended by a final court resolution of the

stopping criminal prosecution, including the approval of the settlement, the referral

things to another body or on conditional cessation of criminal prosecution, and it

even if if still no fact referred to in § 308 paragraph.

3, shall be allowed, they come out when facts or evidence before the Court

unknown, which could in themselves or in conjunction with the facts and

the evidence had already been known to lead to the conclusion that the reason for such a decision

There were, and that is in place to continue proceedings.



(3) renewal of proceedings, which ended by a final resolution of the State

shortcut to stop a criminal prosecution, including the approval of the settlement, about

referral to another authority or on conditional cessation of criminal

prosecution, even if still no facts presented

in § 308 paragraph. 3, shall be allowed, they come out when facts or evidence

State Prosecutor previously unknown, which could in themselves or in

conjunction with the facts and the evidence had already been known to lead to the conclusion that

the reasons for such a decision and that there were not in place to

an indictment of the accused person.



(4) renewal of proceedings, which ended any of the operations referred to in

the preceding paragraphs, shall be allowed even if, if it becomes final, the

the judgment found that the police, the public prosecutor or the judge in

the main proceedings violated his obligations acts constituting the offence

the feat.



§ 279



Restoration to the detriment of the accused is excluded if the



and) crime to lapse, the



(b)) the deadline of one half of the limitation period for a criminal offence,

that led to the criminal prosecution,



(c)) on the performance by the decision of the President of the Republic, which he ordered,

in order to continue the prosecution of, or



(d)), the accused had died.



§ 280



The person entitled to the application for a permit renewal



(1) the recovery can be enabled only on the proposal of a competent person.



(2) to the detriment of the accused may submit a proposal to allow recovery only

State representative.



(3) for the benefit of the accused may submit a proposal to allow recovery in addition to the

the accused also persons, which could bring an appeal on his behalf.

If you could do the same against the will of the accused, they can against his

will submit a proposal to permit recovery. Such a proposal may be made even after the

the death of the accused.



(4) a person who the proposal to permit the renewal procedure, it can be

an explicit statement to take back, and up until such time as the Court of first

Removes the final grade. Proposal to allow recovery management

made in favour of the accused or other authorised person

the accused, defence counsel or the legal representative can be taken back only with

the express consent of the accused; This does not apply if such a proposal filed

the Prosecutor, or if such a proposal was filed by an authorized person when

the death of the accused. That the proposal to allow the recovery procedure takes

the resolution noted the President of the Chamber Court of first instance. Such

the decision does not preclude the submission of the proposal again at a later date to allow

the recovery procedure.



(5) the procedure leading to a court or other governmental authority of circumstances that could

to justify the proposal to allow the recovery, is obliged to report it to the

the representatives. If it is a circumstance that could justify the proposal on

enable recovery for the benefit of the accused, the public prosecutor is obliged to

It warned the accused without delay, or if this is not possible, another person

entitled to file an application, if such a proposal does not give himself.



§ 281



Jurisdiction of the Court to decide on the renewal of the



(1) on a proposal to enable the retrial, which ended by a final

by order of the public prosecutor to halt criminal prosecution, including

approval of the settlement, the referral of a case to another authority or on conditional

stopping criminal prosecution, shall be decided by the Court which would be competent

decide on the indictment.



(2) on an application for reopening proceedings final

a judgment or conviction, and the management, which ended by a final

by order of the Court of cessation of criminal prosecution, including the approval of the

the settlement, for a transfer to another body or about conditional stop

criminal prosecution shall be decided by the Court in the case decided in the first

the degree.



(3) Although in the first instance ruled the District Court decides

on the proposal to allow regional court, suggests a recovery if the Prosecutor

on the grounds that, due to the facts or evidence that the newly

come to light, the offence of belonging to the jurisdiction of a regional

the Court.



The proceedings on the application for permit renewal



§ 282



(1) If a decision on the application for the renewal of his permit to examine the

merits test should be clarified in advance any circumstance makes the necessary

the investigation, President of the Chamber or on the request of any other authority

criminal proceedings, or even the police. For such investigation shall apply

the provisions of title 5.



(2) in cases of special urgency can be used to provide evidence

on the basis of a resolution of the Senate used the resources referred to in title

the fourth. Ensure the person issuing a command to the arrest of the accused and the withdrawal of the

However, the bindings can be before allowing the renewal only if the State suggests

the representative presenting the application for revision to the detriment of the accused and if the

the Court considers it necessary owing to the nature of the facts and the evidence, that the newly

come to light, the seriousness of the offence and the urgency of the grounds for detention.



(3) If an application for reopening of proceedings in favour of the

the accused, the Court may, given the nature of the facts and the evidence, that the newly

come to light, to postpone or interrupt a sentence lawfully imposed in

the main proceedings.



§ 283



The Court rejects the proposal to allow the recovery,



and) if filed by an unauthorized person,



(b)) where the defendant is only against the decision or verdict, the parties to which the renewal is not

permissible,



(c) if the renewal) is excluded under section 279, or



(d)) if the reasons finds renewal in accordance with § 278.



§ 284



(1) if the Court accepts the proposal for renewal of the authorization, shall cancel the contested decision

in whole or in part, in that the proposal is reasonable. If, even if only in part

statement of guilt, always at the same time the entire statement cancels the penalty, as well as other

statements, which are in the conviction of its surface. Cancels the other

the decision repealed decision substantively connecting, if given the

change to which the cancellation occurred, lost ground.



(2) if the Court shall permit the retrial, which ended by a final

by order of the Court for the termination of criminal prosecution, including the approval of the

the settlement, for a transfer to another body or about conditional stop

criminal prosecution, or if it allows the issue of guilt, a retrial,

that ended in a final judgment, may at the same time cancelling

the decision to return the thing to the Prosecutor for investigation, if it considers it in

needed to clarify the matter. The regional court in accordance with § 281 para. 3

has allowed a retrial, in which in the first instance, the District Court decided

Returns the thing always to the Prosecutor. The provisions of section 191 applies here.



(3) if the Court allows the recovery of only in the operative part of the person's claim

the injured party for damages or non-material damage, in cash or in

the issue of unjust enrichment, the Enquirer damaged when you cancel this

statement on civil procedure, where appropriate, the proceedings before the

any other competent authority.



§ 285



If the Court allows recovery for the benefit of the accused for reasons that

also a spoluobviněnému or benefit to the person concerned, authorise

at the same time recovery also in their favour.



§ 286



(1) on the proposal for renewal of the authorization by the Court in open court.



(2) to reject the proposal for the reasons given in § 283 (a). a) to (c)) may even

a private session. The reason given in § 283 (a). (d)) can design

rejected in closed session only in that case that the proposal by

the same facts and evidence have been previously been rejected and the draft

the newly brought on is his repetition.



(3) the decision on the application for reopening is admissible a complaint,

which shall have suspensive effect.



After you enable the recovery management



§ 287



If the bear is a term of imprisonment imposed on him by the original

judgment, the Court will decide after the final resolution, which, together with the

by enabling recovery set aside the judgement about this sentence, binding.



§ 288



(1) if the legally allowed recovery proceedings

by a final judgement of a court, which was approved by the agreement on the guilt and

the sentence has become final, or by order of the public prosecutor to halt

criminal prosecution, including the approval of the settlement, the referral of a case to another

authority or on conditional cessation of criminal prosecution,

preliminary proceedings.



(2) in other cases, the Court continues after a final permit renewal

in the proceedings on the basis of the original indictment, if it was not alleged that the

the matter returns to the Prosecutor for investigation (article 284, paragraph 2).



(3) if the recovery was enabled only in respect of any of the offences

offences for which he was finally saved the aggregate or summary punishment and the Court


refer the case back to the Prosecutor for investigation, shall, after legal power

the resolution authorising the recovery of reasonable judgment at a public hearing

the penalty for the remaining crimes.



§ 289



If it was enabled only in favour of the accused,



and) time since the legal force of the original of the judgment into legal force resolution

that allows the renewal of the period of limitation,



(b)) must not be a new sentence more severe than what was

saved the original judgment,



(c)) doesn't get in his death execution of further proceedings and criminal prosecution cannot be

stop because the accused has died.



THE HEAD OF THE TWENTY-



Special ways of managing



§ 290



General provisions



If the title does not contain special provisions, and shall be used to

proceedings under this title of General provisions.



THE FIRST SECTION



In cases concerning minors



§ 291



Legislation management



Proceedings in criminal matters of minors regulates the special law. If

the special law does not provide otherwise, the procedure under this Act.



§ 292



cancelled



§ 293



cancelled



the title launched



§ 294



cancelled



§ 295



cancelled



§ 296



cancelled



section 297



cancelled



§ 298



cancelled



§ 299



cancelled



section 300



cancelled



§ 301



cancelled



SECTION TWO



Proceedings against a fugitive



section 302



Proceedings under the provisions of this section may be held against a person who

avoiding criminal proceedings by residing abroad or by hiding.



§ 303



(1) in proceedings against a fugitive criminal prosecution launches delivery

resolution on the initiation of criminal prosecution of the accused lawyer. If he was not

defense lawyer elected (§ 37 para. 1), it is necessary to establish.



(2) if the reason Arises for proceedings against a fugitive through delivery

resolution on the initiation of prosecution, the defendant in the indictment

the Prosecutor shall record, stating from what date is

against the accused person held proceedings against a fugitive; the record shall be forwarded

defense lawyers.



§ 304



The accused must have a defence counsel in the proceedings. He has the same rights as the

the accused.



§ 305



Of the proceedings against a fugitive after the filing of the indictment by the Court on

the proposal of the public prosecutor or even without such a proposal. The application may state

the representative made in the indictment.



§ 306



(1) all documents intended for the accused shall be served only

defense lawyers.



(2) the summons to a trial and to public meetings are also suitable

way to publish. The main version, or public meeting is then

through the absence of the accused, regardless of whether the

the accused had learned about him.



section 306a



(1) if the reasons for the proceedings against a fugitive, criminal

proceedings pursuant to the General provisions. The accused's request, they shall be

in the proceedings before the Court the evidence again in the previous judicial proceedings

made, where their nature permits, or whose recurrence

does not preclude other significant fact; otherwise, the accused

the reports on the implementation of such evidence read or play

video and audio recordings of the action carried out by the

through videoconferencing equipment and will allow him to

They expressed.



(2) if proceedings against a fugitive by a final convicting

the judgment and then the reasons for which the proceedings against a fugitive

led, at the request of the convicted person, submitted within eight days from the delivery of the judgment

such a judgment of the Court of first instance shall cancel and to the extent provided in

paragraph 1, the trial will perform again. About the right to propose the cancellation of the

the final conviction of the judgment must be at the service of the judgment

the person's informed. The Court shall proceed mutatis mutandis, if required by the international

the contract, to which the Czech Republic is bound.



(3) the period from the final conviction in its cancellation by

paragraph 2, to the limitation period.



(4) in the new proceedings cannot be altered to the disadvantage of decision

of the accused.



THE THIRD SECTION



Conditional cessation of criminal prosecution



§ 307



the title launched



(1) in proceedings for an offence, the Court may, with the consent of the accused and in the preparatory

proceedings the Prosecutor conditionally cease prosecution, if



and the accused to the crime),



(b)) for the damage, unless the offence was caused by, or with a damaged on its

compensation deal, or made any other measures necessary to its

compensation,



(c)) issued the unjust enrichment of the deed is obtained, or with a damaged on its

the release of a deal or make other appropriate measures for its release,



and because of the person of the accused, taking into account the previous life

and the circumstances of the case, such a decision can reasonably be regarded as

pleasant.



(2) if it is justified by the nature and gravity of the committed offence,

the circumstances of a criminal offence or the accused, the Court and the ratios in the preparatory

proceedings, the Prosecutor shall decide on conditional cessation of criminal

the prosecution of the accused only if they meet the conditions referred to in paragraph 1

and



and) it undertakes to establish that during the trial period refrain from certain activities, in

the context with which they committed the offence, or



(b)) on behalf of the Court and shall lodge in the preparatory proceedings on behalf of the State

the Prosecutor's Office a sum of the specified State to financial assistance to victims of

crime under special legislation, and this amount is not

obviously disproportionate to the seriousness of the offence,



and because of the person of the accused, taking into account the previous life

and the circumstances of the case, such a decision can reasonably be regarded as

pleasant.



(3) in a decision on conditional cessation of criminal prosecution shall be

a trial period of six months to two years, in the case of a decision under

paragraph 2 to up to five years. The trial period begins the legal power of this

the decision on conditional cessation of criminal prosecution.



(4) the accused person, who has entered into an agreement about how the corruption issue refunds

damages or an agreement on the issue of unjust enrichment, the decision about the

conditional cessation of criminal prosecution to damage during

the trial period it has to in this era of unjust enrichment.



(5) decision on conditional cessation of criminal prosecution pursuant to paragraph

2 must include the amount of the cash amount of the specified State to financial

assistance to victims of crime or determine the activity in which the accused

during the trial period undertakes to refrain from. If the accused undertakes to refrain from

during the trial period of a conditional cessation of criminal prosecution procedure

motor vehicles must be advised of the requirement to commit a driving

pass under a special legal regulation, and that the legal power

the decision on conditional cessation of criminal prosecution shall cease to be the driving

permissions.



(6) the accused person may also save, in order to comply with a reasonable trial period

restrictions and obligations to make him lead an orderly life.



(7) Against the decision on conditional cessation of criminal prosecution can

the accused and the injured party to lodge a complaint, which has a suspensory effect.

If the decision on conditional cessation of criminal prosecution, the Court has this

the right also to the Prosecutor.



§ 308



(1) if the accused during the trial period, he led an orderly life, fulfilled

obligation to pay damages, unjust enrichment or

another obligation, to meet, and meet the other

imposed restriction, the Court and, in preliminary proceedings, the Prosecutor,

that has worked well. Otherwise decides, and, where appropriate, during the trial period, that

failed and that criminal prosecution continues. Exceptionally, the Court may

and in preliminary proceedings, the Prosecutor in the circumstances of the case and the

the person of the accused leave conditional cessation of criminal prosecution in the

validity and extend the trial period of up to one year; However, the trial period

shall not exceed five years. The obligation to reimburse the damage caused,

unjust enrichment and other obligation to fulfill the accused

committed, as well as other restrictions imposed during the last prolonged

the trial period.



(2) If, within one year from the expiry of the probationary period has not been made

the decision referred to in paragraph 1, without the guilt of the accused had on it, it is considered

that has worked well.



(3) the legal power to decide that the accused has been proven, or

expiry of the period referred to in paragraph 2 are experiencing the effects of stopping

prosecution [section 11, paragraph 1 (b), (f))].



(4) against the decision referred to in paragraph 1, the accused and the injured party may submit

the complaint, which shall have suspensive effect. Shall take such a decision, the Court has

This right is also a State representative.



SECTION FOUR



Settlement



the title launched



§ 309



(1) in proceedings for an offence may, with the consent of the accused and the injured party, the Court

and in preliminary proceedings, the Prosecutor may decide to approve an out-of-court settlement

and stop criminal prosecution if the accused



and) have declared that they committed an offence for which he is prosecuted, and there are reasonable grounds for

doubts about the fact that his statement was made freely, seriously and

Certainly,



(b) the damage caused by the injured party) pay tort or shall take the necessary

operations for its payment, or otherwise to expiate injury criminal

offence,



(c)) shall issue an unjust enrichment, tort or obtained shall take other appropriate


measures for its release, and



(d)) on behalf of the Court or to lodge in the preparatory proceedings on behalf of the State

the Prosecutor's Office a sum of the specified State to financial assistance to victims of

crime under special legislation, and this amount is not

obviously disproportionate to the seriousness of the offence,



and if such a way of settling things with pleasant due to the

the nature and severity of the crime committed, the extent to which tort was without prejudice to the

the public interest, to the person of the accused and his personal and commensurately.



(2) against the decision referred to in paragraph 1, the defendant, victim and in

the proceedings before the Court and the Prosecutor to lodge a complaint, which has suspensive

effect.



§ 310



(1) prior to the decision on approval of the settlement by the Court and, in preliminary proceedings

the Prosecutor shall hear the accused and the injured party, in particular, to the nature and

the circumstances of the conclusion of the settlement, whether a settlement agreement between

them were made voluntarily and whether they agree with the approval of the settlement.

The accused shall be heard, that means the content of the allegations and whether you

is aware of the consequences of the approval of the settlement. Part of the questioning of the accused

There must be a declaration that he has committed an offence for which he is prosecuted.



(2) before the hearing of the accused and the injured party should be advised of their

rights and about the nature of the settlement to the Institute.



(3) If a legal person can be damaged instead of questioning of the statutory

representative or other person authorized to act on its behalf to procure its

a written statement of the circumstances referred to in paragraph 1.



§ 310a



Rights of the injured party pursuant to section 309 and 311, who not only

He walked over a claim for compensation or to unjust enrichment.



§ 311



The decision to approve an out-of-court settlement and cease prosecution must

include a description of the offence to which the settlement relates the legal assessment,

the contents of the settlement involving the amount of damages or damages paid to the

payment of the required acts have been carried out, the scope of unjust enrichment,

that was issued or whose release was made for operations

or how else to atone for damage arising from tort, a sum of money

the specified State to financial assistance to victims of crime, and the opinion on the

stopping criminal prosecution for an act that is considered to be an offence,

the settlement refers to.



§ 312



cancelled



section 313



Decision approving the settlement, the records it as the fact a significant

for the criminal proceedings by a special Act.



Section 314



the title launched



The settlement by the Court or the public prosecutor in preliminary proceedings

approved after the accused has made a declaration in accordance with § 309 para. 1, that

committed an offence for which he is prosecuted, not this statement in the next

take control as to the evidence.



THE FIFTH SECTION



Proceedings before a single judge



section 314a



(1) a judge of the court seised on criminal offences for which the law provides for the

a prison sentence whose upper limit does not exceed five years.



(2) the provisions of paragraph 1 shall, however, if he is to be saved

a summary penalty or punishment and an earlier joint penalty was saved in the control

before the Senate.



section 314b



(1) Case, in which it held an abbreviated preparatory proceedings, judge

discuss in a simplified procedure. The prosecution is initiated by

the proposal of the State Prosecutor for punishment was delivered to the Court.



(2) If a court with the delivery of the proposal passed the detainee a suspect, the judge

It shall be heard within 24 hours as the accused, in particular to the circumstances of

the detention binding, and the reasons to do so, that fact, be deemed to

common ground and whether it agrees that such facts were not in the main

version proved. Depending on the nature of things either issues a decision, which may

issue outside of the main version, or the accused person shall deliver the summons to the main

version, which may, with the consent of the accused held immediately after its

questioning. At the same time decide on custody and the taking into custody of the accused,

that's still not a barrister, was appointed him, allow him to

chose a defence counsel within a prescribed period (section 38), and if they do not,

He appoints a defence counsel (section 39 (1)).



(3) if the suspect was not apprehended, single judge pursuant to the Protocol of the hearing

the suspect shall examine whether it is necessary to summon the accused to give evidence, or

It is possible to immediately order the main version.



(4) a judge has the same rights and obligations as the Senate and its President.



(5) a non-public meeting of the single judge does not take place.



§ 314c



(1) a judge is impeachment and a proposal for punishment is not pending, tentatively

However, the aspects will review referred to in § 181 paragraph. 1 and § 186. According to the

the results of the review of the single judge



and take one of the decisions) listed in § 188 paragraph. 1 (b). a) to (f)),



(b)) may stop the prosecution, if the circumstances referred to in section 172

paragraph. 2,



(c)) are not subject to the conditions referred to in § 179a para. 1 for the venue

the simplified procedure, the proposal for punishment, or refuses to



(d)) provides for the Prosecutor a reasonable deadline to submit a proposal to

approval of the agreement on the guilt and punishment, if it considers that the circumstances of the

the case would it be appropriate to negotiate, especially if such a procedure suggested

the Prosecutor or the accused; While the single judge shall proceed mutatis mutandis

According to § 187 para. 4.



(2) single judge the proposal on the approval of the agreement on the guilt and punishment, provisionally

However, it is not pending, examine the aspects referred to in § 314o and § 314p

paragraph. 1. According to the results of a review of a single judge shall take some of the

the decisions referred to in paragraph 314p paragraph. 3 or 4, or else order the public

the meeting of the decision on the application for approval of the agreement on the guilt and punishment.



(3) the provisions of §§ 189-195 are used also to proceedings before a single judge. About

a judge may decide to approve an out-of-court settlement in a public meeting.



(4) if the accused Is in custody, a judge decides, after examining the

the prosecution always also about another duration do not binding, if the main version.



(5) against the decision referred to in paragraph 1 (b). a) to (c)) and paragraph 2, the

the Prosecutor and the accused to file a complaint, that is, unless the interruption

criminal prosecution, have suspensory effect. Against a decision on conditional

stopping criminal prosecution or for the approval of the settlement may make such

complaint also accused and damaged.



(6) the decision on refusal to punish according to the

paragraph 1 (b). (c)), the case returns to the preliminary proceedings and the State

the representative shall order an investigation to take place.



§ 314d



(1) If a judge does not do any of the decisions referred to in paragraph 314c paragraph.

1, the main version.



(2) when the main version in simplified proceedings shall be heard by a single judge

of the accused; to read the Protocol on the questioning of the suspect (section 179b of paragraph 1.

3) is used to section 207 paragraph. 2 accordingly. Then may decide to forgo

evidence of those facts that the Prosecutor and the accused person have identified

for the common ground and with regard to other established facts is not serious

because of these statements. With the consent of the public prosecutor

and the accused can read official records of understanding people and the

perform additional actions (section 158, paragraph 3, and 6).



THE FIFTH SECTION



Penalty order



§ 314e



(1) a judge may, without consideration of the case in the main proceedings to issue criminal

command, if the facts are reliably shown with

evidence, even in simplified proceedings after the shortened preparatory

control.



(2) a conviction may be imposed



and) sentence of imprisonment up to one year with a conditional postponement of its

performance,



(b)) the domestic prison within one year,



(c) the punishment of community service),



(d) the penalty of disqualification) within five years,



e) a financial penalty,



(f) the confiscation, penalty)



g) expulsion, within five years,



h) the prohibition of stay within five years,



I) prohibition of entry on the sports, cultural and other social events

within five years.



(3) the punishment of community service conviction may be stored

only after the previous request messages containing the probation

the findings on the performance capabilities of this punishment and the health eligibility

the accused, including the opinion of the accused to save this type of sentence.

The punishment of community service work is stored with regard to this report.



(4) a sentence of house arrest conviction may be stored only after

the previous request for probation reports containing the findings of the

how the performance of this punishment, including the opinion of the accused to save

This kind of punishment. The sentence of house arrest is being taking into account the

This message.



(5) Replacement of imprisonment for financial penalty may not even with

imposed a punishment of imprisonment exceed one year.



(6) Criminal command cannot be issued



and) in the proceeding against a person who is deprived of legal capacity

or whose capacity to act is limited,



(b)) to be decided on the protection measures,



(c)) if the aggregate punishment should be saved or the common punishment and

the previous penalty was saved by the judgment.



(7) the criminal nature of the command has the conviction. Effects associated with

the announcement of judgment occurs upon delivery of order on the defendant.



§ 314f



(1) the criminal command contains



and the designation of the Court), who issued the order,



(b)) date and place of release order,




(c)) the designation of the accused (article 120, paragraph 2),



d) opinion on the guilt (section 120 (3)) and saved the penalty (article 122, paragraph 1),



e) statement on damages or non-material damage in the money or the release of

unjust enrichment (§ § 228 and 229, paragraph 1 and 2), if a claim was

for damages or non-material damage in money or issuing a

unjust enrichment is properly applied (§ 43 para. 3),



f) instruction on the right to resistance, including a warning that in the case where

the accused opposition, thus the right to hear the case, in the main

version.



(2) the order shall be served on the accused, the public prosecutor and the

the victim, who filed a claim for compensation for damage or non-material

injury or unjust enrichment. The accused person shall be delivered to the

your own hands. If the accused has a lawyer, criminal matters shall also command

to him.



§ 314g



(1) the accused persons who are authorised to lodge in his favor

appeal, and prosecutors may lodge against the penalty order.

Opposition shall be filed with the Court that issued the order, within eight days of

from its delivery. Persons who may lodge an appeal in favour of the

the accused, with the exception of the public prosecutor, the limit ends on the same date as the

the accused person. If the criminal court order delivers to accused persons, as well as

its advocates, the period runs from the service that was performed

at a later time. On the return of the period used shall apply mutatis mutandis the provisions of § 61. After

service of the order on the resistance may be the beneficiary expressly

give up.



(2) If a filed against a penalty order by an authorized person within the time limit

resistance, a criminal command is cancelled and a judge orders it in case the main

version; When you hear the case in the main proceedings is not bound by a single judge

legal qualifications, or species and punishment contained in criminal

the command. Otherwise, the order becomes final and enforceable.



(3) if the accused Is prosecuted for the offence referred to in § 163a, may

damaged take consent to criminal prosecution back up until it is

penalty order served on one of the persons referred to in paragraph 1.

Withdrawal of consent is a criminal command cancels the single judge and prosecution

stops.



(4) If a penalty order, prosecutors can take impeachment

back to a time before the criminal court order delivered some of the persons referred to in

paragraph 1. The criminal indictment is lifted and the case statement by

Returns to the preparatory proceedings.



THE SIXTH SECTION



Proceedings after the decision of the Constitutional Court



§ 314h



(1) after delivery of the Constitutional Court, which was dropped by decision

Authority participating in criminal proceedings or any part thereof, continues this authority

in this stage of the proceedings, which immediately preceding the release cancelled

the decision, unless the law or the Constitutional Court find otherwise. In doing so,

It is bound by the legal opinion expressed in the matter of the Constitutional Court, and is

required to perform tasks and the addition of the Constitutional Court

He ordered.



(2) the provisions of paragraph 1 shall apply mutatis mutandis, if the Constitutional Court

finding banned any authority of the law in criminal proceedings, to

continued violations of constitutionally guaranteed fundamental right or

freedom, and ordered him to, if possible, to restore the State before

their violation.



§ 314i



If the Constitutional Court cancelled the decision of the law

criminal proceedings only in favour of the accused,



and) time since the legal force of the initial decision on the merits to the delivery

Constitutional Court to the limitation period,



(b) in the new proceedings) cannot alter the decision against;

in the case of other decisions, the provisions of section 150,



(c)) doesn't get in his death execution of further proceedings and criminal prosecution cannot be

stop because the accused has died.



§ 314j



If the Constitutional Court set aside the judgment, just as for any

of the offences for which he was finally saved the aggregate or summary

punishment, the competent court shall immediately after the delivery of the award in the public

meeting of the judgment of an adequate punishment for the remaining crimes.



§ 314k



(1) if the accused the sentence of imprisonment imposed on him

the judgment of the competent court shall decide without delay after receipt of the award

The Constitutional Court, which was canceled a statement regarding this sentence about custody. When

It shall proceed in accordance with § 67 and 68.



(2) if the other decision canceled Constitutional Court

the competent authority in criminal proceedings after receipt of the award,

unless otherwise provided by law or otherwise, of the Constitutional Court finding about stopping or

interrupt its execution, or take other appropriate action.



THE SEVENTH SECTION



Procedure for the review of the order to the interception and recording of telecommunications

operation and command to determine the data on telecommunications traffic



§ 314l



(1) at the request of the person referred to in § 88 para. 8 the Supreme Court in a private

session, review the legality of the order to wiretap and record

of telecommunications.



(2) on the request of the person referred to in section 88a of paragraph 1. 2 the Supreme Court in a private

session, review the lawfulness of the order for finding data on

telecommunications traffic.



§ 314m



(1) if the Supreme Court finds that an order for eavesdropping and recording

telecommunications service or to establish data on command

the telecommunications operation was issued or its implementation was in breach of

the law, said the resolution a violation of law.



(2) this decision is not subject to appeal.



§ 314n



(1) if the Supreme Court finds that an order for eavesdropping and recording

telecommunications has been released and its implementation in accordance with the

the terms of the § 88 para. 1 or finding data about telecommunications

the operation was issued and its implementation in accordance with the terms of section 88a

paragraph. 1 the said resolution, that the law was not violated.



(2) this decision is not subject to appeal.



THE EIGHTH SECTION



The procedure for approval of the agreement on the guilt and punishment



§ 314o



(1) the application for approval of the agreement on the guilt and punishment, President of the Chamber shall examine the

and according to its contents, and the contents of the file



and public meeting to) give a decision on an application for the approval of the

guilt and punishment,



(b)) Decides to reject the application for approval of the agreement on the guilt and punishment for

serious procedural defects, particularly if the accused did not have when negotiating an agreement

on the guilt and punishment, advocate, or, for reasons referred to in section paragraph 314r 2, or



(c)) shall order a preliminary examination of the application for approval of the agreement on the guilt and

the punishment.



(2) in its resolution referred to in paragraph 1 (b). (b) it is necessary to mark a specific)

defects or findings of fact which justified the rejection of the draft on

approval of the agreement on the guilt and punishment. Against this resolution is admissible

the complaint, which has a suspensory effect.



(3) If a resolution on the refusal of the application for approval of the agreement on the guilt and

the sentence has become final, the case returns to the preparatory proceedings.



(4) if the accused Is in custody, the Court will decide whether or not further always the duration

binding.



(5) the Prosecutor may withdraw the proposal on the approval of the agreement on the guilt and punishment

back to the time before the Court removes the final consultation. By withdrawing the

the application for approval of the agreement on the guilt and punishment, the case returns to the preparatory

control.



§ 314p



(1) the President of the Chamber shall order a preliminary examination of the application for approval

agreement on guilt and punishment, if it considers that



and) case belongs to the jurisdiction of another court,



(b)) should be referred to the matter under section 171 paragraph 2. 1,



(c)) are determined by the circumstances justifying the cessation of criminal prosecution pursuant to section

172 para. 1 or its interruption under § 173 paragraph. 1, or the circumstances of the

justifying the conditional discontinuance of prosecution pursuant to section 307 or

approval of settlement pursuant to section 309.



(2) a preliminary examination of the application for approval of the agreement on the guilt and punishment,

takes place in a private session. If the President of the Senate for

decision of the Court will order for the preliminary examination of the application

public meeting.



(3) After the preliminary examination of the application for approval of the agreement on the guilt and punishment

Court



and) decide to bring the case to the jurisdiction of the Court which

is the closest together above him and the Court that is

competent, if that is not itself competent to hear the case,



(b)) shall refer the matter to another body, if there are circumstances referred to in section 171

paragraph. 1,



(c)) the prosecution stops, if the circumstances referred to in section 172 para.

1,



d) prosecution is broken, if there are circumstances referred to in section 173 paragraph.

1,



e) prosecution conditionally stops under section 307 or decide to

approval of settlement pursuant to § 309 para. 1,



f) Decides to reject the application for approval of the agreement on the guilt and punishment for

serious procedural defects, particularly if the accused did not have when negotiating an agreement

on the guilt and punishment, advocate, or, for reasons referred to in section paragraph 314r 2.



(4) After the preliminary examination of the application for approval of the agreement on the guilt and punishment

the Court may also stop the prosecution, if the circumstances referred to in

section 172 para. 2.



(5) against the decision referred to in paragraph 3 (b). b) to (f)) and pursuant to paragraph 4

the Prosecutor and the accused may submit a complaint, that is, unless the

discontinue prosecution, suspensory effect. The decision on the


conditional cessation of criminal prosecution and on the approval of the settlement may

to file a complaint, which has suspensive effect, whether or not broken.



(6) If a resolution on the refusal of the application for approval of the agreement on the guilt and

the sentence has become final, the case returns to the preparatory proceedings.



§ 314q



(1) on the application for approval of the agreement on guilt and sentence by the Court in

the public session. President of the Chamber shall invite the public meeting

of the accused; about the time and place of the proceedings, inform the State Prosecutor and defence counsel

the accused, as well as the injured party. If the corrupt agent, shall be

about the public meeting of his agent. A public meeting is held for the

the permanent presence of the accused and the Prosecutor.



(2) following the initiation of the public meeting of the Prosecutor raised by the proposal to

approval of the agreement on the guilt and punishment.



(3) After the presentation of the proposal on the approval of the agreement on guilt and sentence prompts

the President of the Senate of the accused to make a comment and asks him

whether



and negotiated agreement) shall mean the guilt and punishment, in particular whether it is obvious what

constitute the essence of the offence, which he blamed for, what is its legal

qualifications and what penalties the law provides for an offence that is

seen in this deed,



(b)) a statement that he has committed an offence for which he is prosecuted, he made

voluntarily and without coercion and was advised of his rights of defence,



(c)) are aware of all the implications of the agreement on the guilt and punishment,

in particular, it has waived the right to hear the case in the main proceedings and the law

appeal against the judgment, which the court agreement on guilt and punishment

approved, with the exception of that referred to in § 245 paragraph. 1 the second sentence.



(4) following the observations of the accused will allow the Court to the victim, if present,

to comment.



(5) the taking of evidence, the Court does not. If it considers it necessary, it may

to hear the accused and to procure the necessary explanation.



The decision on the application for approval of the agreement on the guilt and punishment



§ 314r



(1) the Court may decide on the legal classification of the offence, penalties and

the protection measures only to the extent stated in the agreement on guilt and punishment. About

a claim for damages or non-material damage in money or issuing a

unjust enrichment by the Court to the extent stated in the agreement on

guilt and punishment, if it agrees, or if damaged agreed

range and method of compensation for damage or non-material damage and editions

unjust enrichment claim duly claimed the injured party is responsible (§

paragraph 43. 3).



(2) the court agreement on guilt and punishment does not approve, if it is incorrect or

disproportionate in terms of compliance with the observed facts or from

in terms of the type and the amount of the proposed penalty, or protective measures,

or incorrect in terms of the extent and the way of compensation or

non-material damage or unjust enrichment, or if it finds

that serious violations of the rights of the accused during the negotiation of the agreement on

guilt and punishment. In this case, the resolution returns

control. Against this resolution is admissible a complaint, which has suspensive

effect.



(3) the Court may, in the cases provided for in paragraph 2 instead of returning things

in preliminary proceedings to announce their reservations to the Prosecutor and

the accused, who may propose a new version of the agreement on the guilt and punishment. For

to this end, the Court odročí public meeting. If, within the prescribed period

the Court will not be presented the new version of the agreement on the guilt and punishment, it shall

the Court referred to in paragraph 2.



(4) the court agreement on guilt and punishment shall be approved by the convicting judgment in

stating our opinion on the approval of the agreement on guilt and sentence, and the statement of guilt and

penalty, or protective measures, in accordance with the agreement on the guilt and

the punishment. Statement on damages or non-material damage, in cash or by

the issue of unjust enrichment the Court shall indicate, in accordance with the agreement on the guilt and

the penalty, which damaged agrees, or with the agreement of guilt and punishment, in

which the agreed extent and manner of compensation for damage or non-material damage or

the issue of unjust enrichment corresponding to duly acknowledge the claim

the injured party (section 43, paragraph 3); otherwise, the Court shall proceed in accordance with section 228 if the

the facts are reliably demonstrated with evidence, where appropriate, under section

229.



(5) if it transpires that any of the circumstances referred to in section 171 paragraph 2. 1, §

172 para. 1 and 2, § 173 paragraph. 1 (b). b) to (d)), or in section 223a para. 1,

the Court shall decide on the transfer of the case, prosecute, interruption

criminal prosecution or prosecution conditionally stops pursuant to § 307

or decide to approve an out-of-court settlement in accordance with § 309 para. 1. the court interrupted

the prosecution of even if you cannot deliver the summons to the accused person to

the public meeting.



(6) against the decision referred to in paragraph 5, the State Prosecutor to file a

the complaint, which has, except for the suspension of criminal prosecution, the suspensory

effect. Against a decision on conditional cessation of criminal prosecution or

on the approval of such a settlement may also complain to the accused and

damaged.



§ 66s



If the matter was returned to the preparatory proceedings under § 314o para. 3 or 5,

§ 314p para. 6 or § 314r para. 2, in further proceedings, to the agreed

agreement on guilt and punishment, including the Declaration of guilt, the accused are taken into account.

Referral back to the preliminary proceedings shall not preclude the negotiation of a new agreement on the

guilt and punishment. If the accused is in custody, and at the same time, the Court decided

the release of the accused on freedom, continues to bind in the preparatory proceedings,

not already done-bound together shall not exceed the time limits referred

in § 72a para. 1 to 3.



THE HEAD OF THE TWENTY-FIRST



Enforcement proceedings



§ 315



Competence in the enforcement process



(1) the decision shall exercise its power, where appropriate, arranging the authority that

the decision has made; in the proceedings before the Court the decision of the Chamber shall be exercised by or

the presiding judge arranges for his performance.



(2) the decision related to the exercise of criminal penalties, and protection measures,

If it is not stipulated by something else, the Court in the case decided in

the first instance.



(3) the measures necessary for the execution of criminal penalties and protective measures and to the recovery of

the costs of criminal proceedings, in particular the vyrozumívání of other bodies and persons,

for the interaction in the exercise of the said decisions, makes,

If it is not stipulated by something else, President of the Chamber of the Court, that in the

the case decided in the first instance.



THE FIRST SECTION



the title launched



§ 316



cancelled



§ 317



cancelled



§ 318



cancelled



section 319



cancelled



SECTION TWO



The sentence



§ 320



General provisions



(1) how the imprisonment sentence Act regulates the

the deprivation of liberty.



(2) in the case of persons who are in imprisonment, makes a decision

associated with the performance of this punishment, the Court, in whose district the custodial

freedom is exercised.



(3) if the prison sentences imposed gradually established various

the method of enforcement of the sentence, determine the common way the performance gradually imposed

sentencing the Court in whose district the imprisonment.



§ 321



Regulation of the enforcement of a sentence



(1) as soon as the decision to execute punishment

deprivation of liberty, has become enforceable, President of the Chamber, the competent prison

send prison regulation and invite the convicted person, if it is at liberty to

the penalty within a specified period. Where statement on the imposition of punishment

imprisonment in an enforceable decision of the Court of appeal shall order performance

This punishment for the convicted person who is in custody, the President of the Senate

the Court of appeal immediately after delivery of the decision; the President of the Senate

the Court of appeal may do so also for the convicted person who is not in custody,

If specific facts found that his stay at liberty is

dangerous, or if his conduct or other specific

facts justified concern that the convicted person will abscond or will

to hide.



(2) the absence of the specific facts found that a stay of the convicted person

the freedom is dangerous, or if it does not follow from his conduct or other

specific facts justified concern that flees, or will hide,

and not as justification for immediate imprisonment regulation

freedom, the President of the Senate to the boarding penalty to provide

to the person a reasonable period in order to procure his affairs.

This period may not be longer than one month from the date determined by the

the decision referred to in paragraph 1.



(3) if the convicted person does the penalty within the time limit which has been granted,

or if any of the specific facts found that his stay on

freedom is dangerous, or if his conduct or other

specific facts justified concern that flees or will

hide, President of the Chamber, in order of imprisonment delivered.

If there is no known place of residence of the convicted person, shall be used for the command to

delivery to imprisonment, mutatis mutandis, the provisions of § 69 para. 3. Is the instead

the stay of the convicted person known, can be used to its delivery to the execution of a sentence

the provisions of § 83 para. 2. the President of the command of the Senate always asks

the police authority of the immediate submission of information about whether he was convicted

imprisonment is delivered, or what the circumstances of delivery in the performance

the penalty.



(4) an order referred to in paragraph 3 shall be issued even if the convicted person fails to


its obligation specified in § 322 paragraph. 1, last sentence, or under the conditions

referred to in Section 322 paragraph. 3 the second sentence.



Postponement of execution of a sentence



§ 322



(1) the President of the Senate postpones the necessary for the performance of the sentence

freedom, if medical reports of hospitalization of the convicted person in the

inpatient medical facility or from other reality shows that

the sentence would have endangered his life or health.



(2) If a convicted person for deferment of imprisonment on grounds of

referred to in paragraph 1, however, the President of the Senate has considered that such

the reasons are not apparently made, prompts the convicted person at the latest when

the onset of imprisonment has submitted a report on your health

the State of the prison. If it is found that the prison health

the convicted person does not allow to submit to imprisonment,

Depending on the nature of the Court shall propose its deferment or interruption.



(3) the sentence on a pregnant woman and the newborn's mother

child's President of the Chamber shall postpone for one year after giving birth.



(4) against the decisions referred to in paragraphs 1 and 3 shall be admissible, a complaint that has

suspensory effect.



Section 323



(1) imprisonment of one year nepřevyšujícího, the President may

important reasons to defer to the Senate, for a period not exceeding three months from the

the day when it came into the decision referred to in § 321 paragraph. 1.



(2) other suspension or deferral of such punishment for a period longer

than three months may allow the President of the Chamber, and that only in exceptional cases of

particularly important reasons, in particular if the sentence would have to

the convicted person or his family extremely difficult consequences. The postponement, however, can

allow for a maximum period of six months from the day when it has to be able to

the decision referred to in section 321 para. 1.



(3) if there is a concern that the convicted person absconds, or abuses a permitted

delay, President of the Chamber shall withdraw the suspension.



(4) against the decision, which was allowed to suspend enforcement of the sentence to the

paragraph 2, the Prosecutor may file a complaint.



section 324



Decision to change the method of execution of a sentence



(1) the change of the way of imprisonment shall act in the public

the meeting on the proposal of the State Prosecutor or the Director of the prison, and unless the

deciding on the reassignment of a juvenile to prison for the rest of the prisoners,

also, at the request of the convicted person or even without such initiative, the District Court in

the perimeter of the prison sentence.



(2) before deciding to change the way that a prison sentence must

be the person's hearing.



(3) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



Interruption of the execution of a sentence



section 325



(1) If a convicted person, where the imprisonment, vitiate

severe disease, the President of the Senate of the sentence to the time

break; the President of the Senate always breaks execution of a sentence on a pregnant woman

or the mother of the child under the age of one year.



(2) if there is a concern that the convicted person absconds, or abuses a permitted

interruption, President of the Chamber shall withdraw the sentence break.



(3) against the decision referred to in paragraph 1 shall be admissible complaint.



§ 326



cancelled



§ 327



the title launched



(1) the Court may dispense with a prison sentence or its remainder,

If the convicted person has been or is to be



and extradited to a foreign State) or passed to a foreign State pursuant to part five

the head of the second law on international judicial cooperation in matters

criminal, or



b) deported.



(2) in the absence of the release of the convicted person to a foreign State to surrender

or for expulsion provided for in paragraph 1, or if he returns in the following cases

issued, passed or deportation, the Court that a prison sentence

freedom or the rest of it.



(3) the Court may waive the imprisonment or the rest of the

even if, if it finds that the convicted person fell ill with incurable life

dangerous diseases or incurable disease mental.



(4) against the decision referred to in paragraph 3 shall be admissible, a complaint that has

suspensory effect.



§ 328



The postponement and interruption of enforcement of the sentence and the abandonment of its performance for soldiers



(1) the presiding judge shall postpone or interrupts the sentence

nepřevyšujícího six months, if the convicted person is summoned to the exercise of a fundamental

military service.



(2) If a convicted person in the performance of this service did not commit any crime

performance and held the duly military service, shall refrain from carrying out the sentence, the Court or

the rest of it; otherwise it will decide that the sentence or its remainder.

Has been waived or the rest of the sentence, the penalty for

a check by the date on which its performance is postponed or interrupted.



(3) against the decision referred to in paragraph 2 is admissible a complaint to

suspensory effect.



Suspended sentence



Section 329



(1) in cases where it is in the light of the nature of the restrictions imposed, and

How to check the behaviour of the convicted person must be conditionally send the President of the

the Senate immediately after the judgment imposing a sentence of imprisonment,

the performance was suspended, its a copy of the probation officer to

the exercise of control over the behavior of the convicted person and of compliance with the imposed

the restrictions. At the same time, it will ask to put in regular terms that

at the same time provides him a report on the way of life of the convicted person, and in the

If they found out the reasons for the regulation of the enforcement of the sentence to make it immediately

the Court announced. Control over the behavior of the convicted person and of compliance with the

imposed restriction may at the request addressed to the district

the Court, in whose district the convicted person resides, works or resides,

to perform probation official active outside the perimeter of the Court, in a case decided

in the first instance.



(2) if the President of the Senate of the nepověří performance control of probation

an official at regular times, at least once every six

months, figuring out whether a conditionally sentenced leads an orderly life and

It adheres to the constraints that have been imposed by a judgment.



(3) an Association of citizens employed on the work of the convicted person or his

residence, the President may request the Senate educational interaction, if

It has offered a guarantee for the re-education of the convicted person.



section 330



(1) as to whether a convicted conditionally proved or order the performance

conditionally deferred sentence, the Court shall decide in a public meeting. In

public meetings of the Court and to keep the conditional conviction in

validity according to § 83 para. 1 of the criminal code.



(2) when deciding on the certificate of the convicted person, the Court conditionally also relies

on the expression of interest of the Association of citizens.



(3) the decisions referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



(4) decision that convicted conditionally proved, may with the consent of

the Prosecutor also made President of the Chamber.



section 330a



(1) if the decision was made to conditional sentencing to prison sentence

freedom with the supervision of the Court after the judgment task the measures

probation officer in whose district has the person's place of residence or

the workplace in order to monitor its behavior and compliance with the imposed restrictions and

obligations in the manner prescribed by a special law. Depending on the nature of things

ask about the interaction between public authorities, interest groups and citizens

other authorities, institutions and persons. In the exercise of supervision cannot be conditionally

the convicted party to impose other obligations than those resulting from the Act or

from a conviction.



(2) the decision on whether to certify the convicted conditionally for which

He was torn by the sight, or whether it will order the performance of conditionally deferred

the sentence is to be used, mutatis mutandis, the provisions of section 330.



Conditional release



§ 331



(1) on conditional release from imprisonment by the Court on

the proposal of the State Prosecutor or the Director of the prison, in which it is carried out the punishment,

at the request of the convicted person, or without such a request, and it is in the public

meeting. The Court shall inform the holding of public meetings on the conditional

release from a prison sentence imposed for the crime as well as the injured party,

which made the request (section 228 (4)). Request for conditional release from

imprisonment under section 88 para. 2 of the criminal code may

the accused may submit only if it connects to a positive opinion from the Director

the prison that the convicted person has demonstrated its star behavior and its

the obligations that the next sentence is not necessary; otherwise, the Court on any such

applications not selected and returns it to the accused person be informed of the need to

connect to it referred to the opinion of the Director of the prison. If the request was

a convict on conditional release is denied, it may be doomed

Retry only after the expiry of six months from a negative decision,

unless the application was refused only because the time limit has not yet expired

provided for in the law for conditional release.



(2) Conditional release may also suggest an Association of citizens,

will offer to guarantee the completion of the axles of the convicted person. The approval of the

with the condemned, can an Association of citizens before the application for

conditional release request the Director of the prison, in which it is carried out the punishment,

to indicate the status of the re-education of the convicted person.



(3) Propose a conditional release of the prison director, in which the person's

carries out the sentence, or to such a proposal, can a decision on

the fact that the convicted person will be granted conditionally, with the consent of the State to make


the representative of the President of the Senate.



(4) at the request of interest grouping citizens about the synergy in education

conditionally released shall, mutatis mutandis, the provisions of § 329.



(5) If a decision was taken on conditional release under the current

give the supervision of prisoners or if the Court has decided on the conditional

the release of the convicted person, and him at the same time reasonable restrictions or

reasonable obligations to make him lead an orderly life, shall be used

on the procedure for the exercise of supervision and control the behavior of the convicted person reasonably

the provision of section 330a para. 1. It was decided to conditionally

released convicted during the trial he was kept in your dwelling shall be used

the procedure of performance of the obligation to apply the provisions of § 334b

334e. If it was decided to conditionally released convicted in

during the trial he has done work for the benefit of municipalities, State or other

non-profit institutions on procedure used in the performance of this

the obligation to apply the provisions of § 336 to 339. If it was decided,

to conditionally released a convicted person has lodged a court the amount designated on the account

on financial assistance to victims of crime, the President of the Senate on the

the request of the convicted person for important reasons



and the composition of that sum) to defer, for a period not exceeding six months from the

the date on which the decision becomes final;



(b) enable repayment of this amount) in monthly instalments to

the entire paid no later than the end of the specified trial period.



§ 332



(1) whether to conditionally released or whether the rest of the proved

the sentence, as well as about whether the rest of the sentence is carried out, or leaves

in effect, the conditional release, by the Court in open court.

The decision to conditionally released proved, may with the consent of

the Prosecutor also made President of the Chamber.



(2) when deciding on the certificate, the Court relies to conditionally released

also on the expression of interest of the Association of citizens.



§ 333



(1) a decision under section 331 is the District Court in whose district the punishment

the deprivation of liberty. Unless important reasons, it should be about

a proposal or a request to decide not later than 30 days from their delivery

the Court. Decision pursuant to section 332 is a court that the convicted person from punishment

conditionally discharged.



(2) prior to a decision on conditional release or the performance of the rest of the

the sentence must be the person's hearing; This does not apply if the Court

under section 331 of paragraph 1. 3.



(3) against a decision pursuant to section 331 of paragraph 1. 3 is admissible a complaint against

the operative part of the determination of the length of the trial period. Other decisions

under section 331 and 332 shall be admissible, a complaint shall have suspensive effect.



sec. 333a



If the accused was convicted to imprisonment, may

the presiding judge ordered the restrictions of prohibition

travel abroad, which lasts until the time when the convicted person executes

a punishment or some fact, which is associated with the demise of the performance

the punishment. Against this decision is admissible a complaint. For cases

in the first sentence of § 77a paragraph 1. 2 to 6 shall apply mutatis mutandis.



§ 333b



Conversion of imprisonment sentence of house arrest



(1) on the conversion of imprisonment sentence of house arrest decides

upon the motion of the Prosecutor or the Director of the prison in which the

carries out the sentence, at the request of the convicted person, or without such a request,

in a public meeting.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



§ 334



Custody and punishment



(1) the custody and punishment, President of the Chamber shall decide by resolution, and

usually at the same time with the regulation of enforcement of a sentence. The binding is included

According to the State of enforcement of the sentence, since the personal

freedom of the accused was limited.



(2) against the decision referred to in paragraph 1 shall be admissible complaint.



(3) on the proposal of the public prosecutor, to imprisonment

nezapočítala the period during which a prisoner was interrupted a performance penalty

deprivation of liberty for the purpose of medical care in a medical facility outside of the

the prison, if it happened as a result of the fact that the convicted person's injury

intentionally, shall be decided by the Court in open court. Against this

the decision is admissible a complaint which shall have suspensive effect.



THE THIRD SECTION



The sentence of house arrest



§ 334a



Regulation of the enforcement of a sentence of house arrest



(1) as soon as the decision on which to execute the penalty home

the prison has become enforceable, the presiding judge shall send to the person, and

the competent probation and mediation service center regulation performance of this

the sentence, which will determine the



and the beginning of the execution of the sentence) and



(b) the place of performance of this sentence).



(2) the beginning of the enforcement of a sentence of house arrest, the President of the Senate shall lay down

to get their affairs could convict.



(3) the place of the President of the Senate shall lay down the penalty in the dwelling of the convicted person in the

place of residence or the place where the convicted person resides, and this with the

taking account of his personal and family circumstances; If the person's

employed, shall take into account the place of employment and transport options

into employment.



§ 334b



Checking the enforcement of a sentence of house arrest



Control of the execution of a sentence of house arrest provides probation and mediation

service in cooperation with the operator of electronic control

a system that allows you to detect movement of the convicted person or random

linking a probation officer; for this purpose, the person's

the probation officer must allow access to the place of punishment.



§ 334c



Non-compliance with the conditions of enforcement of a sentence of house arrest



If the convicted person fails to comply with the specified conditions of house arrest and stored

reasonable restrictions and reasonable obligations, shall inform the

the operator of an electronic surveillance system or the probation officer

executing control without delay Court which ordered the execution of a sentence.



§ 334d



The postponement and interruption of enforcement of a sentence of house arrest



(1) the President of the Chamber may, for important reasons to postpone the time needed

or interrupt the execution of a sentence of house arrest.



(2) if the reasons for the postponement or interruption, Chairman of the Senate's postponement

or interruptions.



(3) the period for which a sentence of house arrest was postponed or

interrupted, is not counted into the period of imprisonment.



(4) against the decisions referred to in paragraphs 1 and 2 shall be admissible, a complaint that has

suspensory effect.



§ 334e



Change the sentence of house arrest



(1) at the request of the convicted person, the public prosecutor or by a probation

with or without such a request, the President of the Senate from important reasons

on the change of the place of enforcement of a sentence of house arrest, a time when there has

of the person's stay, and the reasonable restrictions and reasonable obligations

set out to the person; in doing so, to the detriment of the convicted person must not change

the number of hours in a week, after which the convicted person in a dwelling, and

the range of reasonable restrictions and reasonable obligations. About changing the sentence

the presiding judge decides house arrest without undue delay after the

recognition of the common dwelling under other legislation.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



§ 334f



The abandonment of the enforcement of a sentence of house arrest



(1) the Court may dispense with the enforcement of a sentence of house arrest, or his

the rest, if the convicted person has been or is to be



and extradited to a foreign State) or passed to a foreign State pursuant to part five

the head of the second law on international judicial cooperation in matters

criminal, or



b) deported.



(2) in the absence of the release of the convicted person to a foreign country, to surrender or to

the expulsion referred to in paragraph 1, or if he returns in the following cases

issued, passed or deportation, the Court will decide the penalty home

or the rest of the prison.



(3) the Court may dispense with the enforcement of a sentence of house arrest or the rest of the

even if, if it finds that the convicted person fell ill with incurable life

dangerous diseases or incurable disease mental or other

Similarly, for serious reasons.



(4) against the decision referred to in paragraph 3 shall be admissible, a complaint that has

suspensory effect.



§ 334g



The conversion of the sentence of house arrest in a custodial sentence



(1) on the conversion of the sentence of house arrest in imprisonment chooses to

President of the Chamber, upon a proposal by a probation or even without such a proposal

in a public meeting.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



§ 334h



The Ministry of Justice may decree lay down details of control

the sentence of house arrest.



SECTION FOUR



The sentence works of general interest



§ 335



General provisions



The punishment of community service work of the convicted person shall be exercised in the perimeter of the district

the Court, in which he lives. With the consent of the convicted person may be subject to punishment

performed also outside this circuit.



the title launched



Regulation of the enforcement of a sentence



§ 336



(1) as soon as the decision on which to execute the sentence in General

community service, becomes enforceable, President of the Chamber shall transmit a copy thereof

the probation officer.



(2) the type and location of the performance of community work will decide the district


Court punishment of community service order, on the application of probation

official. Probation officer in the proposal is based on the needs of the performance of these

work in the Circuit Court of the district in which the person's lives, and takes into account the

ensure that the person's punishment has pursued what nearest to the place where she lives; When

determining the type and place of work of general interest in

conjunction with the probation and mediation service centre in the circuit court, in

which the punishment of community service work performed. The punishment is to be

in General, the community service performed outside the perimeter of the District Court, in

where the person's lives, is part of the design of the probation officer also

the written consent of convicted person with this performance.



(3) the decision referred to in paragraph 2, the Court convicted at the same time learn about his

the obligation to attend within 14 days from the notification of this decision to the

probation and mediation service center in the periphery of the District Court, in which the

the penalty is to be executed, the community in General, to discuss the

the conditions of imprisonment of charitable work and its obligations

to appear on the day appointed probation officer entrusted with the control over the

the performance of this punishment at the municipal office or the institution, which has generally

to carry out community work, for the purpose of incarcerated. At the same time it

notifies you of the consequences of failure of these obligations.



(4) the decision referred to in paragraph 2 shall inform the Court of its legal

able to centre the probation and mediation service at the perimeter of the District Court, in

which is to be executed by the punishment of community service, and at the same time entrusts

measures by a probation officer of that Court, circuit control

in General, the performance penalty of community service.



(5) to change the type and place of work of general interest shall decide

the District Court that the punishment of community service order, on a proposal from

the convicted person or the probation officer carrying out the control over performance of

in General, the penalty of community service. Notify the Court of this decision after the

the acquisition of the legal power of the probation and mediation service centre in the circuit

the District Court, in which the punishment of community service or

the rest of it, and at the same time authorise the measure by a probation

active in the circumference of this Court control over the sentence in General

community service.



(6) when discussing the conditions of imprisonment in general community service,

the determination of the date of the start of his performance and the enforcement of the control of this sentence

progresses of the probation officer responsible for enforcement of the sentence in General

community service, in cooperation with the competent municipal authority or

institutions, which are generally beneficial work carried out.



§ 337



If the convicted person fails to comply with the obligations provided for in § 336 paragraph. 3, or without

serious breaches of the agreed conditions because of the enforcement of the sentence in General

community service, culpably does not carry out the penalty within the time

or otherwise undermined the performance of this punishment, the probation officer responsible for the

control over the performance of this sentence or through municipal

the Office or the institution, which are generally beneficial to the work performed,

This fact without delay and shall notify the Court which ordered the execution of a sentence.

Also the court forthwith be convicted when the penalty imposed in General

community service performed.



§ 338



the title launched



(1) if the Court considers the educational interaction interest citizens Association

to be beneficial, it shall proceed mutatis mutandis under section 329.



(2) the municipal authorities and the charitable institution shall communicate its requirements to the

in General, the execution of community service centre of the probation and mediation service

in the Circuit Court of the County in which they are to be generally beneficial work

carried out. At the same time are obliged to communicate to him any substantial amendment

regarding that request that the Centre should be informed about the

the need for such work. The probation officer shall inform the Court on the application for

the need for community service work in the desired circuit.



(3) when obtaining requirements of charitable work

suitable for prisoners and detention of charitable work

the probation officer responsible for the control over performance of the sentence in General

community service works with communities and with the public benefit

institutions and carries out the actions directed to the accused led the orderly

life.



§ 339



The postponement and interruption of enforcement of a sentence



(1) the President of the Senate at the time needed will defer or suspend implementation of penalty

in General, community service, where the medical reports submitted by the

prisoners or on-demand with his consent implies that as a result of

Transitional health deterioration of the person's sentence is not able to

to execute.



(2) the punishment of community service work on the pregnant woman and mother

Chairman of the Board shall postpone the newborn child or is interrupted for one

the year after childbirth.



(3) for other important reasons, the President of the Chamber the sentence in General

community service to defer for a period of not more than three months from the date on which the

the decision, which was the penalty saved, has power. If

the reason for this postponement or interruption of enforcement of a sentence of community service work

the provision of special protection and assistance pursuant to a special legal

Regulation, the presiding judge will defer or suspend implementation of the sentence in General

community service by the time of the termination of the provision of special protection and

assistance. The competent authority providing special protection and assistance without delay

It shall inform the President of the Senate of the termination of the services.



(4) if the reasons for the postponement or interruption, Chairman of the Senate's postponement

or interruptions.



(5) the period for which the punishment was community service work postponed

or interrupted, is not included in the period of one year in which to be

sentence.



(6) against the decisions referred to in paragraphs 1 to 4 shall be admissible a complaint that

shall have suspensive effect.



§ 340



The postponement and interruption of prison for soldiers



(1) the presiding judge shall defer or suspend implementation of a sentence of community service

work, if the convicted person is called upon to perform military service.



(2) the provisions of § 339 paragraph 2. 4 and 5 shall apply mutatis mutandis also for inmates,

which sentence was postponed or interrupted in accordance with paragraph 1.



(3) against the decisions referred to in paragraphs 1 and 2 shall be admissible, a complaint that has

suspensory effect.



§ 340a



The abandonment of the enforcement of a sentence



(1) the President of the Chamber shall refrain from carrying out the sentence of community service work

or the rest, if the convicted person as a result of changes to your

the State of health in the long term, unable to this sentence.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



§ 340b



The conversion of the penalty of community service work in the sentence of house arrest, in

a financial penalty or a custodial sentence



(1) on the conversion of the penalty of community service work or about the conversion of his

the rest of the sentence of house arrest, in a fine or prison sentence

freedom, as well as keeping work in the general interest penalty

in determining the validity of supervision or other unsaved

reasonable restrictions, reasonable duties or, where appropriate, educational

restrictions, it shall decide without undue delay, on a proposal from the President of the Senate

probation officer control over the performance of this penalty or

on a proposal from the local authority or institutions which are generally beneficial

the work carried out, brought on by this probation,

with or without such a proposal at a public hearing. Of those decisions

President of the Chamber shall inform the Centre of the probation and mediation service in the circuit

the Court, in which the punishment of community service work performed.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



THE FIFTH SECTION



The performance of some other criminal records



The performance of a financial penalty



§ 341



As soon as he became enforceable judgment, according to which the convicted person is obliged to

to pay the financial penalty, invite the President of the Chamber of the convicted person to

paid within 15 days, and warns him that otherwise will pay

enforced.



§ 342



(1) at the request of the convicted person may, President of the Chamber of the important reasons



and postpone the execution of a financial penalty), for a period not exceeding three months from the

the date on which the judgment became legally valid, or



(b) enable repayment of financial penalty) increments so that the entire

paid within one year from the date of the judgment of the legal

power.



(2) if the reasons for which it was the performance of a financial penalty, postponed

If the convicted person fails to comply with or without good reason, the value may

the President of the Senate permits the deferral or installment.



§ 343



(1) the presiding judge shall order that the financial penalty was enforced,

If the convicted person does not pay it



a) within 15 days after being asked to pay for the



b) within 15 days after he was notified of the decision, which allowed

deferment or allowed repayment have been revoked, or



(c)) until the expiry of the period for which the sentence has been postponed.



(2) if ordered by the recovery of a financial penalty, whose performance is

secured on the property of the convicted person, his remuneration should preferably be used

seized property.



(3) a financial penalty may be enforced only if it will not be wasted

the satisfaction of the claim of the injured party granted for damages or


non-material damage in money or unjust enrichment.

Adopt a sufferer to enforce your claim within three months from the date of

convicting judgment by which a financial penalty has been saved, the

a financial penalty to be enforced, regardless of the claim of the injured party.



(4) in the management of the payment of a financial penalty shall be applied in accordance with the tax

of the order.



§ 344



(1) the Court shall waive the financial penalty or his performance the rest of the if

the convicted person as a result of circumstances independent of his will to become

Unable to pay a financial penalty over the long term or sentence

was seriously compromised nutrition or education of the person on whose nutrition or

the education of the person under the Act required.



(2) on the conversion of a financial penalty or the rest of the domestic

prison or punishment of community service will decide the President of the Senate

in a public meeting.



(3) If a fine is not paid, it does not come into consideration procedure

in accordance with paragraph 1 or 2 or § 342 para. 1 and it is quite obvious that the performance

This sentence could be thwarted, particularly if you cannot pay the penalty

from the assets seized for the purposes of its enforcement, the Court shall authorise enforcement

replacement of imprisonment or its proportional part; in doing so,

decide on the method of performance of a replacement sentence.



(4) the convicted person may at any time turn away performance penalty or his surrogate

the aliquot part by monetary penalty or its proportional part of pay. About

What part of the replacement of the sentence is to be executed, the President shall decide

the Senate.



(5) against the decisions referred to in paragraphs 1 to 4 shall be admissible a complaint that

shall have suspensive effect.



Ensure the performance of a financial penalty



section 344a



(1) if the accused Is prosecuted for an offence for which it is to be given to the

the nature and gravity of the offence and the circumstances of the accused expected

the financial penalty, the Court and, in preliminary proceedings the State

representative to ensure the specified portion of the property of the accused. To ensure that you cannot

take the assets that are under special legislation excluded from

enforcement of the collateral.



(2) the decision on the complaint is admissible.



(3) on making a decision on securing a financial penalty, and the procedure for

ensure the otherwise used, § 47 para. 4 to 6 and § 47 para. 8, mutatis mutandis.



§ 344b



(1) the Court and, in preliminary proceedings, the Prosecutor shall ensure

limits, pass away if the reason for which it was designated part of the property,

or if there is a need to ensure, to the extent in which it was ordered.



(2) the Court may, for important reasons and in preliminary proceedings, the Prosecutor

on the proposal of the accused to enable implementation of the Act, which applies to the secured

asset.



(3) the accused has the right at any time to request a cancellation or limitation of collateral.

On such an application the Court and, in preliminary proceedings, the Prosecutor

shall immediately make a decision. If the application is rejected, the accused may,

unless new reasons, repeating until after the expiration of 30 days from the

the decision.



(4) against the decisions referred to in paragraphs 1 to 3 of the complaint is admissible,

It has, in terms of enabling the implementation of the Act, the revocation or limitation

ensure a suspensory effect.



Punishment of confiscation of property



§ 345



Where the judgment, which was liable to a penalty the confiscation of the entire property

or in part, the President of the Senate shall send the enforceable organizational folder

State, by a special Act it is the responsibility of management of the property of the

State, a copy of the judgment without justification to complete this sentence.



§ 346



(1) if in the execution of the penalty of confiscation of the doubts,

whether this penalty on certain resources or things apply, due to the

the fact that there are necessarily required to satisfy basic needs of the convicted person

or persons about their nutrition or education of the person under the Act

required, will decide on a proposal from the President of the Senate of the organizational

units of the State, which according to a special law it is for the management of

property of the State, or at the request of the convicted person or the person on whose nutrition

or education. Such a request may be made only up to three months from the

the date on which the judgment became legally valid, and if the resources or things

that have been affected by the implementation of the penalty of confiscation of property only

later, within one month from the time when it happened.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



(3) a copy of the final resolution referred to in paragraph 1 be sent to the President of the

Senate organizational folder State, under a special law, it is for the

the management of the property of the State.



(4) the right of ownership to a third party resources and things affected when

the execution of the penalty of confiscation pursuant to paragraph 1 may not be invoked,

but only by the rules of civil law.



Ensure the performance penalty of confiscation of property



§ 347



(1) if the accused Is prosecuted for an offence for which, given the nature and

the severity of the crime and the circumstances of the accused should be expected to save penalty

the confiscation of property, the Court and, in preliminary proceedings, the Prosecutor

the assets of the accused or his or her designated portion. The Court shall ensure

the assets of the accused or his or her designated portion always saved a penalty

the confiscation of property, judgment that still has not come into legal force. To

You cannot take the collateral assets that are under a special legal

prescription excluded from enforcement of the collateral.



(2) the decision on the complaint is admissible.



§ 348



(1) ensuring affects all assets of the accused or his or her designated

part, including the fruits and benefits, drawn from them. Ensure the entire

the property also applies to assets that the accused will take over security.



(2) on making a decision regarding the securing of assets and how to ensure otherwise

§ 47 paragraph 1 shall be used. 4 to 6 and § 47 para. 8, mutatis mutandis.



§ 349



(1) the Court and, in preliminary proceedings, the Prosecutor shall ensure

limits, will vanish if the reason for which they were part of the property or its designated

secured, or if there is a need to ensure, to the extent in which the

ordered.



(2) the Court may, for important reasons and in preliminary proceedings, the Prosecutor

on the proposal of the accused to enable implementation of the Act, which applies to the secured

asset.



(3) the accused has the right at any time to request a cancellation or limitation of collateral.

On such an application the Court and, in preliminary proceedings, the Prosecutor

shall immediately make a decision. If the application is rejected, the accused may,

unless new reasons, repeating until after the expiration of 30 days from the

the decision.



(4) against the decisions referred to in paragraphs 1 to 3 of the complaint is admissible,

It has, in terms of enabling the implementation of the Act, the revocation or limitation

ensure a suspensory effect.



section 349a



cancelled



§ 349b



The performance penalty of confiscation or forfeiture performance replacement values



A copy of the judgment, which was ratified by the penalty of confiscation, or which have been

say the confiscation of replacement value, it will send the President of the Senate

organizational folder State, under a special law, it is for the

the management of the property of the State. If the thing is the subject of the sentence

confiscation or covered by voicing the forfeiture

replacement values, assured, President of the Senate shall take measures to ensure that

such organizational folder entrusted the handling of it, if such a

the branch has so far secured management or replacement values

not exercising.



§ 350



The performance penalty of disqualification



(1) the President of the Chamber shall decide immediately after the judgment, which was

ordered the disqualification penalty, netting the period during which

It was ordered before the legal power of the judgment, which authorized

is the subject of the prohibition, in connection with a criminal offence is withdrawn in accordance with

Special regulations, or on the basis of the measures of the State authority was not allowed

This activity, in the performance of the sentence of the prohibition

activity. Against this decision is admissible a complaint.



(2) The procedure for conditional abandonment of the rest of the performance penalty of prohibition

activities, as well as on the procedure for the performance of the rest of this regulation is

governed the provisions of § 331 to 333. All decisions, however, makes

the Court in the case ruled in first instance (section 315 (2)).



§ 350a



The sentence banning residence



(1) the imposition of a ban of residence shall inform the President of the Senate and municipal office

police authority on the circuit, the prohibition applies, as well as the municipal

the authority and the police authority in the place where the convicted person has permanent residence.



(2) if the person's works in the district, which is covered by the prohibition of

It shall inform the President of the Senate of the stay, whether or not the Organization, that is, the accused in the

employment relationship.



(3) the important reasons can police authority of the place of residence or

the stay permit to the person visiting the place or district, to which the

covered by the prohibition of stay.



(4) After the time that the convicted person performs active military service,

prohibition of residence does not. If the convicted person committed in the performance of

This service, no offense and held the duly military service, the Court of

sentence banning residence or the rest of the refrain. Against this

the decision is admissible a complaint which shall have suspensive effect.



(5) The procedure for conditional abandonment of the rest of the performance penalty of prohibition


stay, as well as on the procedure for the performance of the rest of this regulation is

Similarly, the provisions of § used 331 to 333.



(6) a decision to impose reasonable restrictions on the person that was the punishment

the prohibition of stay stored next to unconditional imprisonment shall be in

public meetings of the Court in whose district the sentence of imprisonment was

last practiced. Against this decision is admissible a complaint that

shall have suspensive effect.



The execution of a removal order



§ 350b



(1) as soon as he regains the legal judgment, which was liable to a penalty

the expulsion of the President of the Senate, shall send the prison regulation police of the Czech

States and invite at the same time of the convicted person from the United States to immediately

his journey.



(2) if there is a concern that the convicted person, who is at large, will be

to hide or otherwise obstruct the execution of a removal order, the President of the

the Senate provide a reasonable deadline to obtain his affairs. This

period may not be longer than one month from the date on which the judgment became

legal power.



(3) the time limit referred to in paragraph 2 may, President of the Chamber, at the request

the convicted person as well as extended repeatedly, up to 180 days from the date

When the judgment became legally valid, if the convicted person proves that he has made

all operations required to obtain travel documents and other

the formalities required for entry, but so far not from the United

States to go.



(4) where the convicted person to the penalty of expulsion for international

protection under a special legal regulation ^ 4), and unless the request

obviously unfounded, President of the Chamber, at the request of the convicted person, or even

without such a request, shall postpone the execution of a removal order. On the postponement of execution

the penalty of expulsion because of this, President of the Chamber shall inform the authority of the

responsible for the proceedings for the grant of international protection under the Special

legal předpisu4) and at the same time it asks that it be immediately after their

management announced the manner in which it was decided on the request.



(5) If a prisoner sentenced to deportation granted subsidiary protection

under special legislation ^ 4) or the special protection and assistance

According to a special legal regulation, the President of the Senate shall postpone the execution of a sentence

expulsion for the time of the grant. On the postponement of execution of a deportation order from the

for this reason, President of the Chamber shall inform the authority competent to grant

additional protection under a special legal regulation ^ 4) or authority

responsible for the provision of special protection and assistance provided for in the specific

legal regulation and at the same time asks that it be notified without delay to the

the fact that additional protection to the person concerned ceased to exist or has the

withdrawn or that the provision of special protection and assistance was terminated.



(6) against the decision referred to in paragraph 4, the complaint is admissible.



§ 350c



Binding removal



(1) if there is a concern that the convicted person will conceal or otherwise obstruct the performance of the

the penalty of expulsion, the President of the Chamber to decide on the withdrawal of the convicted person

the expulsion of the binding, unless its replacement guarantee, promise

or financial guarantee.



(2) if it is not apparent from paragraph 1 otherwise, the procedure for expulsion detention and

replacement guarantee, promise or financial guarantees are used

the provisions of title of the fourth section of the first.



(3) If a convicted person taken pursuant to paragraph 1 to the expulsion of binding requests

the President of the Senate, if necessary, to provide travel documents

required for executing a removal order to the police of the Czech Republic.



§ 350 d



If the condemned, which was liable to a penalty

the expulsion, imprisonment, it shall inform the President of the Chamber of

Regulation of the enforcement of a sentence of expulsion whether or not the relevant prison. Police Of The Czech

States in the regulation of the enforcement of a sentence under Section 350b of paragraph 1. 1 at the same time asks,

If it is needed, to provide the travel documents required for the performance of

the penalty of expulsion to this penalty immediately followed up on performance

the imprisonment.



§ 350e



If the Court decides about the abandonment of the imprisonment or

its remnant, on conditional release from imprisonment

or participate in the amnesty, which waived the rest of the sentence

in convicted, which was liable to a penalty of removal, shall inform immediately without

regardless of the legal force of such a decision the court competent for the enforcement of a sentence

expulsion and police of the Czech Republic; as well, the Ministry shall proceed

Justice in the case that the abandonment of imprisonment

or the rest of the Minister of Justice decided.



§ 350f



(1) If a convicted person taken into custody or expulsion if he pursues the punishment

deprivation of liberty, shall ensure its exit from the territory of the Czech Republic

Police of the Czech Republic, which after consultation with the Chairman of the Senate of the convicted person

the prison takes over.



(2) the costs associated with the power of removal, if the convicted person fails to pay, with the

excluding the costs of custody, shall be borne by the police of the Czech Republic.



§ 350 g



(1) if at the time the Court shall accede to regulation of the enforcement of a sentence

the expulsion, with the person's no longer on the territory of the Czech Republic,

President of the Chamber shall forward the prison regulation police of the Czech Republic and

other tasks performed.



(2) If a citizen of the European Union or his family member ^ 5) without

regardless of the nationality of the expelled within two years from the final

the imposition of the penalty of expulsion, President of the Chamber shall check if there

fact, for which the penalty of expulsion cannot be saved.



§ 350h



Interruption of the execution of a sentence of expulsion and abandonment of the enforcement of a sentence of expulsion



(1) the President of the Chamber may, for important reasons to interrupt the time needed

the execution of a removal order. If the reasons for the break have ceased to exist, the President of the Senate

the interruption.



(2) the time during which the execution of a removal order was interrupted, the

not included in the period of imprisonment.



(3) against the decision referred to in paragraph 1 shall be admissible complaint.



(4) since the enforcement of a sentence of expulsion or the rest of the Court shall refrain, if

After the judgment, which was the penalty saved, there

fact, for which the penalty of expulsion cannot be saved. If convicted in the

expulsion custody or serving a prison sentence, it shall inform the

the President of the Senate on final abandonment of the enforcement of a sentence of expulsion

the relevant prison.



(5) against the decision referred to in paragraph 4 is admissible a complaint to

suspensory effect.



The sentence an entry ban on sports, cultural and other social

action



§ 350i



(1) as soon as the decision to take the punishment of the entry ban

on the sports, cultural and other social events, the judicial power,

the President of the Senate shall send a copy thereof to the Centre the probation and mediation service in

the perimeter of the District Court, in which the convicted person lives, and does not have a permanent

residence, in whose district he resides or works, and at the same time entrusts

measures by a probation officer of that Court, circuit control

over the performance penalty of the entry ban on sports, cultural and other

social events.



(2) the probation officer responsible for enforcement of the sentence of the entry ban on

sports, cultural and other social events prompts the convicted person to make

come in by the deadline on the Centre of the probation and

mediation services in order to discuss the conditions of enforcement of a sentence of the ban

entry to the sports, cultural and other social events. In the call to

alerts and on the consequences of failure of these obligations without important

reason.



(3) the probation officer responsible for enforcement of the sentence of the entry ban on

sports, cultural and other social events with a convict shall discuss

the conditions of imprisonment of the entry ban on sports, cultural and other

social events. If it considers necessary to provide for a prisoner

the obligation to report in person, according to his instructions to the designated Police Department

The United States, the specific terms of the agreement with the police of the Czech

of the Republic. In the determination and control of conditions for the pursuit of such penalty

the probation officer shall act in agreement with the competent Police Department

The United States, which has condemned in a specified time, in person.



§ 350j



To control the conditional waiver from the performance of the rest of the sentence an entry ban

on the sports, cultural and other social events, as well as on the procedure for

power regulation the rest of this sentence, shall apply mutatis mutandis the provisions of § 331 used

up to 333.



THE SIXTH SECTION



Limitation of enforcement of a sentence



§ 350 k



On the limitation period of imprisonment by the court order. Against this

the order may file a complaint with the public prosecutor, who shall have suspensive effect.



THE SEVENTH SECTION



The performance of the protective treatment and security detention



Section 351



Enforcement of protective treatment



(1) the performance of the protective order the President of the Senate healthcare treatment

the device, in which the protective treatment done. However, if the

protective treatment was stored next to the unconditional imprisonment

and in the prison are to exercise such treatment given the conditions, the President may

the Chamber may order that the treatment has been carried out during the execution of a sentence

the deprivation of liberty.



(2) if the person for whom it was imposed protective treatment, while on

freedom dangerous for their surroundings, the President of the Chamber shall promptly

its delivery to a medical facility; otherwise, it can provide

a reasonable time limit for obtaining its affairs.




(3) if it is a member of the armed forces or armed corps in Active

the service, the President of the Senate, the appropriate Commander or Chief, to

arranged for his admission to the medical facility.



(4) the President of the Chamber shall request the medical facility that has notified the Court,

that protective treatment order when it was with the performance of the protective treatment

started. At the same time asks the health facility to the District Court, in

the judge exercises a protective treatment, has made forthwith a report,

If the reasons for the further duration of the treatment.



(5) the performance of the protective regulation treating the President of the Senate for the needs of

medical device connects to an expert opinion, a copy of the Protocol on the

the hearing of experts or a copy of the medical report on health status

the convicted person, if in the course of criminal proceedings have been provided with.



§ 351a



Change the protective treatment



(1) on how to change the performance of the protective treatment on the health care proposal

the device, the Prosecutor or the person to whom the trade is done

healing, or even without such a proposal be decided in a public meeting

the District Court in whose district the is a medical facility in which

protective treatment exercises; the Court shall act on a proposal from the medical

device or the Prosecutor and on the amendment of the constitutional protection treatment

on security detention. Institutional protective treatment may, under the conditions

laid down in the criminal code the Court change to security detention,

If, on the basis of a design or message medical facility

which describes the progress and results of the earlier treatment, carried out by the

protective treatment did not lead to fulfill its purpose for the behavior of the person to whom the

the protective treatment exercises, and this conversion requires effective protection

the company and the need for action on the person, to which the protective treatment

exercises, resources, security detention.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



§ 352



The abandonment of the performance of the protective treatment



About the abandonment of the protective performance of healing before the start, decides

the Court ordered protective treatment, at a public hearing on the proposal for a

the Prosecutor or the person to whom it is carried out protective treatment, or

even without such a proposal. Against this decision is admissible a complaint,

which shall have suspensive effect.



section 353



Release from protective treatment and their



(1) as soon as the protective purpose has been reached, it shall submit a medical treatment

the device, which is a protective treatment carried out, the proposal to release

from the protection treatment of the District Court, in whose district the protective treatment

exercises; the proposal to terminate the protective treatment under § 99 paragraph 2. 6

of the Criminal Code shall report to the medical facility as soon as it discovers that his

the purpose cannot be achieved. If the protective treatment done to

two years from its commencement it was decided to release from the protection

healing, or its termination, shall report to the medical facility at least two

months before the expiry of a period of two years from the beginning of the performance of the protective

treatment design on its extension. In the design of release from the protection

healing, on his end or in the proposal for renewal of the protective treatment

medical devices will describe the progress and results of healing and protection

indicating the reasons for the proposed procedure, including a proposal on the possible imposition of

supervision over the behavior of the person to whom the trade is executed. About

It should be a medical facility.



(2) for the release of a protective treatment, its termination, including any

the imposition of surveillance or for an extension of the protective healing decides without

undue delay, on a proposal from the health care facility, public prosecutor

or persons which carries out protective treatment, or even without such

the proposal in the public meetings of the District Court in whose district the protective

Healing exercises.



(3) against the decision referred to in paragraph 2 is admissible a complaint to

suspensory effect.



§ 354



Enforcement of security detention and its performance



(1) as soon as the decision on which to execute the security

detention, became enforceable, President of the Chamber shall forward to the competent institution

for the performance of the security of the detention, in which the security of the detention

enforced regulation performance of security detention and at the same time require the person,

that was the security of the detention imposed, if the freedom to exercise

security detention. Where statement on save

security detention, that has not been stored next to the unconditional sentence

imprisonment, enforceable by decision of the Court of appeal shall order performance

the security of the detention of the accused person who is in custody, the President of the Senate

the Court of appeal upon the announcement of the decision. On the regulation of performance

security detention always notify the District Court in whose district the is

Institute for the performance of the security of the detention, in which the security

detention was exercised.



(2) if the person to whom the security was imposed detention, while

free dangerous for their surroundings, or if there is a concern that such a person,

that is on the loose, flees, or if there is another important reason,

order the President of the Chamber without delay its delivery to the Constitution for the exercise of

the security of the detention; otherwise, it can provide a reasonable period of time to

provision of its matter, which, however, must not be longer than one

month from the date determined by the decision referred to in paragraph 1.

If it is not known the whereabouts of that person, shall be used for the command to

delivery to the performance security detention apply the provisions of § 69 para.

3. If the place of residence is known, it can be used for its delivery to the performance

the security of the detention provisions of § 83 para. 2. the President of the command

the Senate always asks the police authority about the immediate submission of information about

whether the person in the performance of security detention delivered, where appropriate,

what circumstances its delivery.



(3) if it is a member of the armed forces or security corps in

active service, President of the Chamber shall request the relevant Commander or

the Manager, to arrange his transportation to the Institute for performance

security detention.



(4) the presiding judge shall ask the Department for the performance of the security of the detention, in order to

the Court announced that a security detention order when it was with the performance of

security detention started. At the same time ask the Institute for performance

security detention, to the District Court in whose district the

the security of the detention shall immediately report if handed

the reasons for the continuation of security detention.



(5) the regulation of the exercise of security detention President of Chamber connects to

the needs of the Institute for the performance of the security of the detention of an expert opinion, a copy of the

the Protocol on the questioning of an expert or a copy of the medical report on health

the status of the person to whom the security was imposed detention, if during the

criminal proceedings have been provided with, and request that the district was administered

the Court, in whose district a security detention carried out in it

the prescribed time limits, the report on the progress and outcome of the performance security

detention, focusing on the aspects referred to in § 100 para. 4 criminal

code.



§ 355



Change the performance of the security of the detention on the protective treatment



About changing the performance of security detention to sentencing protective treatment

public meetings of the District Court in whose area the Institute for performance

security detention, in which the security of the detention shall exercise;

against this decision is admissible a complaint which shall have suspensive effect.



section 356



The abandonment of the performance of security detention



(1) the abandonment of the performance security detention prior to the commencement of the

the Court will decide that security detention order, and it is in the public

the meeting on the proposal of the public prosecutor or the person that was

the security of the detention imposed, or, without such a proposal. Against the

This decision is admissible a complaint which shall have suspensive effect.



(2) the Court may dispense with the performance of security detention, if

a convicted person has been or is to be



and extradited to a foreign State) or passed to a foreign State pursuant to part five

the head of the second law on international judicial cooperation in matters

criminal, or



b) deported.



(3) in the absence of the release of the convicted person to a foreign State to surrender

or for expulsion provided for in paragraph 2, or if he returns in the following cases

issued, passed or deportation, the Court decides that the security

detention.



section 356a



cancelled



§ 357



The duration of the security of the detention and release of security detention



(1) the District Court in whose district the is Department for the performance of the security

detention, in which the security of the detention carried out on the basis of

on-demand reporting tracks the performance of security detention and at least once

for twelve months, and in the case of a young person, at least every six

months of the start of the performance or security of the detention from the previous

the decision about its duration, shall examine whether the grounds for her next

continuation of the problem.



(2) the further duration of the detention or release of the security of

the security of the detention, decides on a proposal from the Institute for performance security

detention, the Prosecutor or the person which performs security


detention, or even without such a proposal, in public meetings of the district

the Court, in whose district a security detention. If the request was

persons, which performs security detention, refused, it can

This person, unless it has other reasons, repeated up to six

months from the decision.



(3) against the decision referred to in paragraph 2 is admissible a complaint to

suspensory effect.



§ 358



the title launched



To prevent performance degradation or prevents the replacement value shall be used

§ 349b.



THE EIGHTH SECTION



The performance of some other decisions



§ 359



The abandonment of the reasonable limitations of injunction proceedings

of motor vehicles



(1) at the request of the convicted person, the Court shall decide in a public meeting about the abandonment

from reasonable limitations of refraining from driving

the vehicles, which were imposed for the crime of neglect of mandatory nutrition (§

196 of the Criminal Code), if convicted to pay the due maintenance. Court

may refrain from a reasonable limitation in a private session where

justify compliance with the request of the convicted person, if the supporting documentation and evidence

in the file.



(2) against the decision referred to in paragraph 1 shall be admissible, a complaint that has

suspensory effect.



§ 359a



Conditional waiver from the punishment with the supervision of the



Unless stipulated otherwise, the procedure for exercising supervision over

the prisoner, which has been conditionally waived punishment with supervision, and

the decision as to whether a convicted conditionally proved, or

It imposes a penalty, shall be used mutatis mutandis the provisions of § 330a. Imposing a sentence

a prisoner, which has been conditionally waived punishment with supervision,

the Court decides in the public meeting of the judgment.



§ 360



Performance bindings



Conditions governing the performance of the binding down special law.



§ 361



The recovery of fine



As soon as it becomes enforceable resolutions which were imposed riot

fine, ask the police, the Prosecutor or the President of the Chamber,

that the fine imposed, the person to whom she was ordered to pay a penalty to

fifteen days, and warns her that otherwise will pay the penalties.

Paid the fine seems State riot. To manage the payment of riot

the fine shall be treated in accordance with the tax code.



§ 362



Measures in relation to decision on conditional postponement of the submission of the

proposal for punishment, conditional cessation of criminal prosecution or

approval of the settlement



(1) where the accused was composed by a sum of the specified state, on the

financial assistance to victims of crime, and the Court and, in preliminary

proceedings the Prosecutor decides on conditional cessation of criminal

the prosecution or on the approval of the settlement, President of the Senate, and in the preparatory

proceedings, the Prosecutor shall ensure that compound financial amount was

returned to the accused person.



(2) if the accused undertakes to abstain during the trial period

conditional cessation of criminal prosecution of driving motor vehicles or

If conditionally terminated criminal proceedings for offences

grievous bodily harm by negligence (§ 147 of the Penal Code),

bodily injury by negligence (§ 148 of the Penal Code),

hit-and-run driver of means of transport (article 151 of the criminal

Code) or for the crime of endangering intoxicated (§

274 of the Penal Code), if committed in the context of

a motor vehicle, the President of the Senate and in preliminary proceedings the State

the representative shall send a copy of the decision on conditional cessation of criminal prosecution

the Municipal Office of municipalities with extended powers to the competent according to the place

of residence of the accused; If the accused does not have a permanent residence on the territory of the

The United States, will send a copy of this decision of the Municipal Council of the village with

extended powers established at the seat of the Court or the State

the Prosecutor's Office. The President of the Senate and in preliminary proceedings, the Prosecutor

send the municipal authority municipality with extended powers, referred to in the sentence

first a copy of the decision also indicated the clause the legal authority

It was decided that the accused leaves a conditional cessation of criminal

the prosecution in effect and the trial period is extended, and a copy of the decision with the

clause indicated the legal authority to decide whether the accused in

proven during the trial period, or advise on which day it is considered that the

has worked well.



(3) if the suspect for the purpose of conditional postponement of the submission of the proposal on

punishment shall lodge a sum specified by the State financial assistance

victims of crime or if he undertakes to abstain during

test driving of motor vehicles, the procedure shall be in accordance with

paragraphs 1 and 2.



THE HEAD OF THE TWENTY-SECOND



Deletion of conviction



§ 363



About the deletion of the conviction by the Court at the request of the convicted person or the

draft interest grouping referred to in § 3 (1). 1, and unless the case

provided for in § 69 para. 3. Act., also at the request of the people, which could in the

favour of the convicted person to appeal.



§ 364



(1) the President of the Senate is decided by the deletion of the conviction by the District Court, in

the condemned at the time of submission of the proposal has or last had

residence.



(2) the decision on the deletion of the conviction is admissible a complaint that

shall have suspensive effect.



section 364a



President of the Chamber of the District Court referred to in § 364 para. 1 also decides

about



and deletion of the conviction of a foreign court), the international criminal

the Court, the International Criminal Tribunal or a similar international

the judicial authority with competence in criminal matters, which is recorded in the

Register of criminal records on the basis of the recognition of a foreign decision

the Court or on the basis of the decision of the Supreme Court under the Special

law, or which, on the basis of the decision of the Supreme

the Court under special legislation seen as condemnation by the Court

The United States,



(b) deletion of the conviction recorded in) records of criminal records on

the basis of the agreement between the Government of the Czech Republic and the Government of the Slovak

States on the exchange of data from the information contained in the index funds

criminal penalties;



effects abroad can have such a decision only if provided for by

the international treaty.



§ 365



(1) once the decision on deletion of convictions has power,

President of the Senate shall inform the convicted person, of the applicant and the authority

criminal record; zahlazené condemnation must not be reported in the statement of

criminal records.



(2) if the request for deletion of the conviction, it may be rejected

made until after the expiry of one year, unless he was dismissed only

because the statutory period has not yet expired for expungement. The request of the

yet to be filed, the Court shall reject without investigation.



PART FOUR



Certain acts associated with criminal proceedings



THE HEAD OF THE TWENTY-THIRD



A pardon and the use of Amnesty



§ 366



Granting of grace



(1) the President of the Republic on the basis of the law of the Constitution grants him

Grace.



(2) the President of the Republic shall determine the cases in which the Minister may

justice proceedings on the application for mercy to be performed and unreasonable request

reject.



(3) if in proceedings for the grant of grace, President of the Republic,

criminal proceedings has not yet started or initiated criminal proceedings

does not continue and the accused shall be released from custody or imprisonment

postponed or interrupted.



§ 367



The procedure for granting of grace



In the cases referred to in section 366 para. 2 held management and unreasonable request

rejected the Minister of Justice. It may also order the



and prosecution) not be initiated, in a criminal prosecution is instituted

not continue and the accused was released from custody, or



(b)) the sentence has been delayed or interrupted, and up to the time when the

the request for clemency pending.



§ 368



The decision to use Amnesty



The decision as to whether and to what extent the person has been lawfully

liable to a penalty, the Court shall not have an amnesty, which decided in the first

the degree. Serving to such person at the time of deciding custodial

freedom, shall take a decision, the Court in whose district the punishment. Against the

This decision is admissible a complaint which shall have suspensive effect.



§ 369



The conditional grant of grace



If the rest of the sentence or grant a grace pardoned just below the

conditions laid down, the conditions and the rehabilitation of the convicted person

monitors the Court, that in the case at first instance. The provisions of §

329 on cooperation with citizens ' associations here of interest to be used appropriately.



§ 370



To change the amount of the penalty



(1) if the Amnesty Was wholly or partially pardoned the punishment only under one of the

the offences for which it was stored, and the aggregate or summary punishment

has not yet been completely executed, by a court according to the mutual proportions

the severity of the punishment for crimes Amnesty intact. Against the

This decision is admissible a complaint which shall have suspensive effect.



(2) the decision referred to in paragraph 1 shall be in the public meetings of the Court, that

the penalty imposed in the first instance.



section 370a



cancelled



THE HEAD OF THE TWENTY-FOURTH



cancelled



§ 371



cancelled



section 372



cancelled



§ 373



cancelled



§ 374



cancelled



THE HEAD OF THE TWENTY-FIFTH



cancelled



The first section



cancelled



§ 375



cancelled



the title launched



§ 376



cancelled



§ 377



cancelled



§ 378



cancelled




§ 378a



cancelled



the title launched



§ 378b



cancelled



§ 378c



cancelled



§ 378d



cancelled



§ 378e



cancelled



§ 378f



cancelled



the title launched



section 379



cancelled



§ 380



cancelled



§ 381



cancelled



section 382



cancelled



section 382a



cancelled



Section two



cancelled



the title launched



§ 383



cancelled



the title launched



section 383a



cancelled



section 383b



cancelled



§ 383c



cancelled



the title launched



section 384



cancelled



the title launched



section 384a



cancelled



§ 384b



cancelled



§ 384c



cancelled



§ 384d



cancelled



§ 384e



cancelled



§ 384f



cancelled



the title launched



§ 384g



cancelled



the title launched



section 385



cancelled



§ 386



cancelled



§ 387



cancelled



§ 388



cancelled



section 389



cancelled



section 389a



cancelled



§ 390



cancelled



the title launched



§ 391



cancelled



§ 391a



cancelled



§ 391b



cancelled



Section 392



cancelled



§ 393



cancelled



§ 394



cancelled



section 395



cancelled



§ 396



cancelled



§ 397



cancelled



§ 398



cancelled



§ 399



cancelled



section 400



cancelled



§ 400a



cancelled



§ 400b



cancelled



§ 401



cancelled



§ 402



cancelled



The third section



cancelled



section 403



cancelled



Section 404



cancelled



section 404a



cancelled



the title launched



section 405



cancelled



section 406



cancelled



section 407



cancelled



the title launched



§ 408



cancelled



§ 408a



cancelled



section 409



cancelled



section 410



cancelled



section 411



cancelled



§ 412



cancelled



§ 413



cancelled



section 413a



cancelled



section 414



cancelled



§ 415



cancelled



Section 416



cancelled



§ 417



cancelled



§ 418



cancelled



Section 419



cancelled



Section 420



cancelled



§ 421



cancelled



the title launched



Section 422



cancelled



Section four



cancelled



§ 423



cancelled



section 424



cancelled



The fifth section



cancelled



section 425



cancelled



the title launched



§ 426



cancelled



§ 426a



cancelled



section 427



cancelled



§ 427a



cancelled



§ 428



cancelled



section 428a



cancelled



§ 429



cancelled



§ 429a



cancelled



the title launched



Section 430



§ 431



cancelled



section 432



cancelled



§ 433



cancelled



§ 434



cancelled



the title launched



Section 435



cancelled



§ 436



cancelled



§ 437



cancelled



§ 437a



cancelled



the title launched



§ 438



cancelled



§ 439



cancelled



§ 440



cancelled



§ 441



cancelled



section 441a



cancelled



the title launched



§ 442



cancelled



§ 443



cancelled



§ 444



cancelled



section 445



cancelled



section 446



cancelled



The sixth section



cancelled



§ 447



cancelled



§ 448



cancelled



The seventh section



cancelled



the title launched



§ 449



cancelled



section 450



cancelled



§ 451



cancelled



section 452



cancelled



§ 453



cancelled



section 454



cancelled



§ 455



cancelled



section 455a



cancelled



section 456



cancelled



title vypuštěh



Section 457



cancelled



the title launched



§ 458



cancelled



§ 459



cancelled



§ 460



cancelled



The eighth section



cancelled



§ 460a



cancelled



the title launched



§ 460b



cancelled



§ 460 c



cancelled



§ 460d



cancelled



the title launched



§ 460e



cancelled



§ 460f



cancelled



§ 460g



cancelled



§ 460h



cancelled



the title launched



§ 460i



cancelled



§ 460j



cancelled



§ 460 k



cancelled



§ 460 l



cancelled



the title launched



§ 460 m



cancelled



§ 460n



cancelled



The ninth section



cancelled



§ 460o



cancelled



the title launched



§ 460 p



cancelled



§ 460q



cancelled



§ 460r



cancelled



§ 460s



cancelled



§ 460t



cancelled



§ 460u



cancelled



§ 460v



cancelled



the title launched



§ 460w



cancelled



§ 460x



cancelled



section 460y



cancelled



The tenth section



cancelled



§ 460z



cancelled



the title launched



§ 460za



cancelled



§ 460zb



cancelled



§ 460zc



cancelled



§ 460zd



cancelled



§ 460ze



cancelled



§ 460zf



cancelled



§ 460zg



cancelled



§ 460zh



cancelled



§ 460zi



cancelled



§ 460zj



cancelled



§ 460zk



cancelled



§ 460zl



cancelled



§ 460zm



cancelled



the title launched



§ 460zn



cancelled



§ 460zo



cancelled



§ 460zp



cancelled



PART FIVE



Transitional and final provisions



§ 461



From the 1. July 1990 to the provisions concerning criminal procedure in force before this

the date used in the limits of the provisions of this section.



§ 462



(1) The proceedings for the tort in cases in which the Court was served with the

the punishment before the 1. in July 1990, the provisions applicable shall be used before the

on this day.



(2) The execution of a sentence imposed before the corrective action 1. July

1990 the provisions in force before that date.



(3) the criminal orders issued before 1 January 2005. July 1990 are governed by existing

regulations.



§ 463



(1) The procedure for the renewal of the criminal proceedings which have been finally completed

prior to the commencement of this Act, the provisions of this

the law. Conditions for the authorisation of recovery is, however, in this case shall be considered

According to the law that is more favourable to the accused.



(2) if the decision against which the application is directed, issued in

the first instance court, no longer extant, decides on the design for the reconstruction of the

the Court, which would be under this Act materially and locally competent;

If the decider in the first instance, the former Minister of State, the Court shall decide on the

proposal for the renewal of the regional (higher military) Court, which would be according to the

This Act, in the matter of the locally competent. ^ *)



--------------------



*) Note. ASPI-in full, no 69/1994 Coll., the provisions are not listed

the military courts.



section 464



(1) the regional court is competent to take place in the first instance, of deeds

offences under the legislation effective, which, by their nature and

correspond to the gravity of the offences referred to in section 17.



(2) the decisions and measures concerning the execution of judgments announced

The Supreme Court as the Court of first instance shall be the regional court in Prague and

in the field of the military justice system the higher military court, which will determine the

the Minister of Justice. ^ *)



--------------------



*) Note. ASPI-in full, no 69/1994 Coll., the provisions are not listed

the military courts.



§ 465



(1) decision that the penalty be performed for an offence which, in the

as a result of amendments to the criminal law is no longer a criminal offence, the Court shall,

the case decided in the first instance.



(2) the decision on the fact that a relatively reduced aggregate or summary punishment

stored under the act as a result of amendments to the criminal law is no longer

a criminal offence, and other converging offense, take in the public

the meeting of the Court, in a case decided in the first instance.



(3) if the death penalty Was saved before the 1. July 1990 changed in punishment

deprivation of liberty, shall decide on the manner of its performance in the public meetings of the

the Court in the case decided in the first instance.



(4) against the decisions referred to in paragraphs 1 to 3 of the complaint is admissible,

shall have suspensive effect.



§ 466



The Prosecutor's Office is examining initiatives to lodge a complaint for

violations of the law are addressed to him, or that he will advance

the Minister of Justice. To investigate is the competent public prosecutors ' offices

the immediate parent of the public prosecutor's Office, which was in the original

proceedings involved in the final stage. After examination of the State

the Prosecutor's Office shall submit to the Minister of Justice is of the opinion in which

propose either to defer the complaint or file a complaint for violation of the law.



§ 467



Act No. 64/1956 Coll., on criminal court proceedings (code of criminal procedure),

repealed.



section 468



The Minister of Justice may establish that simple tasks entrusted to the

under this law, the presiding judge may exercise another worker

the Court.



section 468a



Simple decisions and operations entrusted to the public prosecutor may, in the range of

and under the conditions laid down by special law ^ 9) issue, implement and

do in relation to the relevant administrative measures, higher

an official of the public prosecutor's Office. Under the conditions laid down by law may

do individual jobs Assistant Prosecutor.



§ 469



The Ministry of Justice shall be empowered to issue a decree published by the rules

regulations for the district and county courts.



section 470



cancelled



§ 471



This Act shall take effect on 1 January 2000. January 1962.



Novotný in r.



Fierlinger in r.



Wide in r.



Selected provisions of the novel



Article II of Act No. 265/2001 Coll.



Final and transitional provisions to the first



1. jurisdiction to control in cases in which the indictment was filed before

the effectiveness of this law, shall be assessed according to current regulations; It

does not apply to other proceedings in a case, if the Court considers it efficiency

This Act finally returned to the Prosecutor for investigation.



2. Criminal proceedings initiated before the effective date of this Act has the same

effects such as criminal proceedings initiated under this Act.



3. the clerk of the Court of Protokolujícím is an employee with at least one year

practice and protokolaci, which was composed by professional examination provided for in

protokolujícího the official designated by the Ministry of Justice. From the 1.

January 2004 may in the main version and the public session to perform

protokolaci a superior court clerk or clerk with logging

the use of the phonogram.



4. in cases where the binding began prior to the effective date of this Act,

start to run the periods within which you must decide to further detention,

up from the effective date of this Act; This is without prejudice to the provisions on the

the permitted duration of the binding.



5. From carrying out acts of criminal proceedings is excluded by the judge, if the


in the present case, active as an investigator.



6. the complaint for violation of the law, the Minister of Justice may submit for

conditions laid down by the code of criminal procedure and the final decision

investigators made prior to the effective date of this Act.



7. The Ministry of Justice shall issue a decree of fees for professional

observations submitted at the request of law enforcement authorities.



8. the power to investigate offences of members of the police of the Czech

the Republic and the members of the security information service (article 161, paragraph 3, and

4, § 179a para. 3) in cases where the prosecution was initiated prior to the

the effective date of this Act, shall be governed by the existing legislation.



Article. (II) Act No. 283/2004 Coll.



Transitional provision



The period of six months referred to in § 81 para. 2 of the code of criminal procedure, as amended by

This Act begins to run from the first day of the calendar month

following the date of entry into force of this Act.



Article. (II) Act No. 539/2004 Coll.



Transitional provisions relating to part one



1. the procedure for extradition to a foreign country, initiated before the date of entry into force of

This law shall be completed in accordance with section of the second title, in the twenty-fifth

the text of this law.



2. The provisions of section twenty-fifth third head shall not apply to the transmission of the

a citizen of the United States from the United Kingdom to other Member States

The European Union, if he committed an offence before the effective date of

of this Act. In such cases, it shall proceed according to the provisions of § 391

up to 402, as amended by this Act.



3. the provisions of sections 403 to 422 shall not apply to the handover from the French

the Republic for offences committed before 1. in November 1993, and for

the handover of the Italian Republic and the Republic of Austria for the offences

committed before 7. in August 2002. In these cases, follow the

the provisions of § 383 to 390.



Article II of Act No. 253/2006 Coll.



Transitional provision



Proceedings in the Czech Republic for freezing property or evidence

in another Member State of the European Union, or to proceedings for recognition of the command to

freezing property or evidence in the territory of the Czech Republic,

that issued by a judicial authority of another Member State of the European Union,

started and unfinished before the effective date of this Act,

completes the eighth head pursuant to section twenty-fifth.



Article. (III) Act No. 170/2007 Sb.



Transitional provision



Until it will be possible through the Schengen information

the system to forward all data corresponding to the requirements of the European

the arrest warrant referred to in § 405 of the criminal code, has an alert issued

at the request of the issuing judicial authority of the Member State in

The Schengen information system for the purpose of arrest and surrender of the person

the same effects as the European arrest warrant. The record has the following effects

only until the receipt of the written original of the European arrest

warrant the State in which the person is to be surrendered.



section 62 of the Act No. 129/2008 Sb.



Transitional provision to the third



Performance not yet nevykonaného protective treatment that was saved before the

entry into force of this law shall be completed in accordance with the existing laws,

regulations.



Article. (II) Act No. 457/2008 Sb.



Transitional provisions



1. the procedure for extradition to a foreign country, initiated before the effective date of this

Act shall be completed pursuant to Act No. 141/1961 Coll., on criminal court proceedings

the Court (code of criminal procedure), in the version in force until the date of entry into force of this

the law; on the postponement of the issue, the temporary handing over, preliminary and extradition

the link is also in these proceedings, the provisions of Act No. 141/1961 Coll.,

the criminal procedure (code of criminal procedure), in the version in force from the date of

entry into force of this Act.



2. If the person whose release goes, on the date of entry into force of

This law, in extradition custody and the Minister of Justice has not yet

He chose not to permit the release of that person to a foreign State under section 399

Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

the version in force until the date of entry into force of this Act, extradition is binding

on the date of entry into force of this Act, is converted into a binding preliminary.



3. If the person whose release goes, on the date of entry into force of

This law, in extradition detention and the Minister of Justice has already ruled on the

authorization to release this person to a foreign State under section 399 of the Act No.

141/1961 Coll., on criminal court proceedings (code of criminal procedure), in the version in force

to the effective date of this Act, the time limit for the duration of the expended links

According to § 400b para. 4 Act No. 141/1961 Coll., on criminal court proceedings

(code of criminal procedure), in the version in force from the date of entry into force of this Act,

shall run from the date of entry into force of this Act.



4. If before the date of entry into force of this Act, the decision to

postponing the release of a person to a foreign State, such a decision shall cease to have their

legal effects on the date of entry into force of this Act.



5. the procedure for transfer to another Member State of the European Union on the basis of

the European arrest warrant initiated before the effective date of

This Act shall be completed pursuant to Act No. 141/1961 Coll. on criminal

judicial proceedings (code of criminal procedure), in the version in force until the date of entry into force of

of this Act.



Article. (II) Act No. 459/2011 Sb.



Transitional provisions



1. Substantive jurisdiction for proceedings concerning an offence of homicide or criminal

murder born child mother initiated prior to the date of acquisition

the effectiveness of this law shall be assessed pursuant to Act No. 141/1961 Coll., as

the version in force until the date of entry into force of this Act.



2. the limits within which it is necessary to decide on the further duration of detention in

which you can submit a request for release from custody, if the previous request

rejected, which started to flow before the date of entry into force of this

the law will be included in the length of the periods in which it is necessary to decide on the

the next custody or where you can lodge an application for release from custody

pursuant to Act No. 141/1961 Coll., in the version in force from the date of entry into force of

of this Act; This is without prejudice to the provisions on the maximum permitted time

the duration of the custody.



3. the procedure for the recognition of a decision of another European Union Member State on the

pecuniary sanctions and transactions initiated before the date of entry into force of

This Act shall be completed pursuant to Act No. 141/1961 Coll., in the version in force

to the effective date of this Act.



1) § 58 para. 5 of law No 412/2005 Coll., on the protection of classified information

and about security.



1A) Act No. 412/2005 Sb.



1B) Act No. 300/2008 Coll., on electronic acts and authorized

convert documents.



2) Decree the Ministry of Justice of the Czech Republic No. 270/1990 Coll.

remuneration of lawyers and commercial lawyers in providing legal assistance,

in the wording of later regulations.



3) Act No. 235/2004 Coll., on value added tax.



3A) section 11 (1) 1 and section 15 of Act No. 85/1996 Coll., on the legal profession, as amended by

amended.



4) Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

Police of the Czech Republic, as amended, (asylum Act),

in the wording of later regulations.



5) section 15a of the Act No. 326/1999 SB. on residence of aliens in the territory of the United

Republic and amending certain laws, as amended by Act No. 218/2002 Coll.

Act No. 159/2006 Coll. and Act No. 428/2005 Sb.



9) Act No. 121/2008 Coll., on higher court officials and higher

officials of the public prosecutor and amending related laws.



10) Act No. 326/1999 Coll. on travel documents and on the amendment of Act No.

283/1991 Coll., on the police of the Czech Republic, as subsequently amended,

(the law on travel documents), as amended.